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BITUMINOUS CASUALTY CORP. v. FULKERSON

No. 5-89-0790.

571 N.E.2d 256 (1991)

212 Ill. App.3d 556

156 Ill.Dec. 669

BITUMINOUS CASUALTY CORPORATION, Plaintiff-Appellee, v. Leland FULKERSON, Sr., M.L. Fulkerson and Paul Puntney, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

Rehearing Denied May 3, 1991.

Attorney(s) appearing for the Case

James R. Conley, Jr., Carmi, for Paul Puntney.

James L. Van Winkle, Van Winkle & Van Winkle, McLeansboro, for Leland Fulkerson, Sr. and M.L. Fulkerson.

Douglas A. Enloe, Gosnell, Benecki, Borden & Enloe, Ltd., Lawrenceville, for Bituminous Casualty Corp.

Justice HARRISON delivered the opinion of the court:

Plaintiff, Bituminous Casualty Corporation (Bituminous), sold a comprehensive general liability insurance policy to Paul Puntney, an oil well service contractor. When Puntney was subsequently sued by Leland and M.L. Fulkerson, Bituminous brought this action against both Puntney and the Fulkersons to obtain a declaratory judgment that the damages sought by the Fulkersons in their lawsuit were excluded from coverage...

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