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NORTHERN TRUST CO. v. AETNA LIFE & SURETY CO.

No. 1-89-0417.

192 Ill. App.3d 901 (1989)

549 N.E.2d 712

THE NORTHERN TRUST COMPANY, Plaintiff-Appellant, v. AETNA LIFE AND SURETY COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (6th Division).

Rehearing denied January 30, 1990.

Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon, of Chicago (James T. Nyeste and Timothy W. Heath, of counsel), for appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, for appellee.

Reversed and remanded.

JUSTICE McNAMARA delivered the opinion of the court:

Plaintiff, The Northern Trust Company, sued its insurer, defendant Aetna Life & Surety Company, for its failure to pay attorney fees which Northern incurred defending a suit against it. The trial court dismissed Northern's complaint pursuant to section 2-619 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-619) on the grounds of collateral estoppel. Northern...

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