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WEST AMER. INS. CO. v. MOONLIGHT DESIGN, INC.

No. 98 C 5206.

126 F.Supp.2d 1141 (2000)

WEST AMERICAN INSURANCE COMPANY, Plaintiff, v. MOONLIGHT DESIGN, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

December 4, 2000.

Attorney(s) appearing for the Case

Robert Marc Chemers, Daniel Gene Wills, Amy E. Johnson, Pretzel & Stouffer, Chtd., Chicago, IL for plaintiff.

Patrick Joseph O'Connor, Law Office of Patrick J. O'Connor, Chicago, IL, George F. Carpinello, Philip J. Iovieno, Barrett, Gravante, Carpinello & Stern, LLP, Albany, NY, for defendant.

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

Plaintiff was the insurer of defendant. It brought a declaratory action against defendant, disclaiming coverage or a duty to defend. It ultimately funded a settlement of the underlying lawsuit and the coverage dispute, in which it seeks recovery of the settlement amount, remains pending. We ruled, however, on January 31, 2000, that plaintiff did have a duty to defend. Defendant now seeks recovery...

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