STATE FARM FIRE AND CAS. CO. v. MARTIN

No. 5-95-0810.

694 N.E.2d 1058 (1998)

296 Ill. App.3d 466

230 Ill.Dec. 780

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellant, v. Gregory Lee MARTIN, Sr., Scott Lewis, as Special Administrator of the Estate of Timmie Lee Lewis, Deceased, and Ethelyn J. Gorham, Executrix of the Estate of Gary Porter, Deceased, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

May 6, 1998.


Attorney(s) appearing for the Case

Stephen W. Thomson, Thomson & Behr, P.C., Edwardsville, for Plaintiff-Appellant.

Ralph J. Mendelsohn, Mendelsohn Law Offices, Alton, for Gregory L. Martin, Sr.

Samuel A. Mormino, Wiseman, Shaikewiz, McGivern, Wahl, Flavin, Hesi & Mormino, P.C., Alton, for Scott Lewis.

Joseph E. Hoefert, Hoefert & Perica, P.C., Alton; John Long, Troy, for Ethelyn J. Gorham.


Justice KUEHN delivered the opinion of the court:

Plaintiff, State Farm Fire and Casualty Company (State Farm), filed a declaratory judgment action seeking a determination of whether it owed its insured, Gregory Lee Martin, Sr. (Martin), a defense and indemnification in two underlying wrongful death suits. These suits were based upon Martin's involvement in an arson which resulted in the death of two firemen. State Farm appeals from trial court orders finding that...

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