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ZURICH INS. CO. v. SUNCLIPSE, INC.

No. 98 C 1152.

85 F.Supp.2d 842 (2000)

ZURICH INSURANCE COMPANY, Plaintiff, v. SUNCLIPSE, INC., Defendant.

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

January 19, 2000.

Attorney(s) appearing for the Case

Ellen B. Van Vechten, Smith, Williams & Lodge, Chicago, IL, Marlene Ann Kurilla, Fred A. Smith, III, Frank Joseph Marsico, Sedgwick, Detert, Moran & Arnold, Chicago, IL, for Zurich Insurance Company, plaintiff.

Duane F. Sigelko, Henry Pietrkowski, Sachnoff & Weaver, Ltd., Chicago, IL, Edward W. Smithers, Law Offices of Edward W. Smithers, San Jose, CA, for Sunclipse, Inc., defendant.

Edward W. Smithers, Law Offices of Edward W. Smithers, San Jose, CA, Henry Pietrkowski, Sachnoff & Weaver, Chicago, IL, for Sunclipse, Inc., counter-claimant.

Ellen B. Van Vechten, Smith, Williams & Lodge, Chicago, IL, Marlene Ann Kurilla, Fred A. Smith, III, Frank Joseph Marsico, Sedgwick, Detert, Moran & Arnold, Chicago, IL, for Zurich Insurance Company, counter-defendant.

MEMORANDUM OPINION AND ORDER

PALLMEYER, District Judge.

Plaintiff Zurich Insurance Company ("Zurich" or "Insurer") seeks a declaration that it had no duty to defend or indemnify Defendant Sunclipse, Inc. ("Sunclipse" or "Insured") for the defense costs incurred and the settlement reached in an unfair competition case filed against Sunclipse by Century Container Corp. ("Century"). In the underlying action, Century sought damages from Sunclipse resulting...

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