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State Courts -
Illinois - September 24, 2007
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Andreou & Casson, Ltd. v. Liberty Ins. Underwriters, Inc., No. 1-06-2754,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 24, 2007, Filed
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Overview: Summary judgment for insurer in law firm's suit seeking declaration that insurer had defense duty in underlying defamation suit was proper because policy's insured versus insured exclusion barred coverage. Underlying plaintiff, a partner in law firm, qualified as insured under policy's definitions for purposes of determining insured status.
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Exelon Corp. v. Ill. Dep't of Revenue, No. 1-06-3388,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 24, 2007, Decided, September 24, 2007, Opinion Filed
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Overview: Taxpayer argued that 35 Ill. Comp. Stat. Ann. 5/201(e) violated Uniformity Clause, Ill. Const. art. IX, § 2, by allowing tax credit to gas companies but not electric companies. Argument failed as Uniformity Clause challenge to tax credit (as opposed to tax or fee) was limited to whether credit was reasonable, not whether it was uniformly allowed.
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State Auto. Mut. Ins. Co. v. Habitat Constr. Co., No. 1-05-0365,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 24, 2007, Decided, September 24, 2007, Opinion Filed
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Overview: Trial court erred in granting summary judgment to the insurance company on its declaratory judgment action seeking a finding that it did not have a duty to defend or indemnify the general contractor in an underlying personal injury action; relevant policy did not exclude general contractor from being sued by the subcontractor's injured employee.
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