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SUBURBAN, INC. v. CINCINNATI INS. CO.

No. 3-00-0704.

751 N.E.2d 601 (2001)

323 Ill. App.3d 278

256 Ill.Dec. 211

The SUBURBAN, INC., Plaintiff-Appellee, v. CINCINNATI INSURANCE COMPANY, Defendant-Appellant (Larry Joe Pasley, Defendant-Appellee).

Appellate Court of Illinois, Third District.

June 20, 2001.

Attorney(s) appearing for the Case

John A. Beyer (argued), Satter, Beyer & Bertram, Pontiac, for The Cincinnati Insurance Company.

L. Lee Smith, Bradley M. Butler (argued), Westervelt, Johnson, Nicoll & Keller, Peoria, for The Suburban, Inc.

Gordon W. Gates (argued), Gattes, Wise & Schlosser, P.C., Springfield, for Larry Joe Pasley.

Justice BRESLIN delivered the opinion of the court:

Plaintiff The Suburban, Inc. (Suburban), and defendant Larry Joe Pasley entered into a contract for the sale of a tavern subsequently destroyed by fire. Suburban filed a complaint against Pasley and defendant Cincinnati Insurance Company (Cincinnati) seeking a declaration that it was entitled to the proceeds of an insurance policy issued by Cincinnati. Pasley filed a motion for summary judgment which the trial court...

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