BENOY MOTOR SALES, INC. v. UNIVERSAL UNDERWRITERS INS. CO.

1-96-0536.

679 N.E.2d 414 (1997)

287 Ill. App.3d 942

223 Ill.Dec. 229

BENOY MOTOR SALES, INC., a corporation, Borg Pontiac-GMC, Inc., a corporation, Conlon-Collins Ford, Inc., a corporation, Fraher Ford Sales, a corporation, Lynn Chevrolet-Buick, Inc., a corporation, Norem Buick Co., Inc., a corporation, Sawicki Chevrolet-Cadillac, Inc., a corporation, S.P. Bradley Motor Company, a corporation, Suburban Buick Company, a corporation, and Wolf Chevrolet Sales, Inc., a corporation, Plaintiffs-Appellants, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, a corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied May 12, 1997.


Attorney(s) appearing for the Case

Law Offices of Patrick A. Murphy (Patrick A. Murphy, Robert R. Dlugajczyk, of counsel), Chicago, for plaintiffs-appellants.

Robert J. Bates, Jr., Kathleen H. Jensen, Bates, Meckler, Bulger & Tilson, Chicago, for defendant-appellee.

John S. Vishneski, III, David J. Poirier, Keck, Mahin & Cate, Chicago, Eugene R. Anderson, Michael R. Magaril, Michael S. Gurland, (Todd D. Robichaud, Anderson, Kill, Olick & Oshinsky, P.C., New York City, Amy R. Bach, of counsel, San Francisco, CA), for Amicus Curiae United Policyholders.


Presiding Justice WOLFSON delivered the opinion of the court:

Our national desire to clean up polluted sites has produced a side industry that, in turn, creates a fertile ground for litigation— the resolving of coverage disputes between insured polluters and their insurance companies. This is one of those cases.

The plaintiffs are 10 automobile dealerships (Dealerships). They sought a declaratory judgment that would require Universal Underwriters Insurance...

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