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FID. & CAS. INS. CO. v. WIL-FREDS, INC.

No. 2-85-0865.

145 Ill. App.3d 1085 (1986)

496 N.E.2d 336

FIDELITY & CASUALTY INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellee, v. WIL-FREDS, INC., Defendant-Appellant (The County of Du Page, Defendant).

Appellate Court of Illinois — Second District.

Opinion filed July 29, 1986.

Attorney(s) appearing for the Case

Paul T. Lively and Gerard W. Cook, both of O'Halloran, Lively, Walker, of Northbrook, for appellant.

Victor J. Piekarski and Michael Resis, both of Querrey, Harrow, Gulanick & Kennedy, of Chicago, for appellee.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE NASH delivered the opinion of the court:

Defendant, Wil-Freds, Inc., appeals from a summary judgment entered in favor of plaintiff, Fidelity & Casualty Insurance Co. of New York, and from the denial of its cross-motion for summary judgment in a declaratory judgment action. Defendant contends there remains a disputed question of fact as to what are the terms and conditions of the lost...

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