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COMBINED INS. CO. v. CERTAIN UNDERWRITERS

No. 1-04-0344.

826 N.E.2d 1089 (2005)

356 Ill. App.3d 749

292 Ill.Dec. 653

COMBINED INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, subscribing to Reinsurance Contract No. BK0030050 for the 12-month period incepting on April 30, 2001, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied April 29, 2005.

Attorney(s) appearing for the Case

Sidley Austin Brown & Wood LLP, Chicago (Constantine L. Trela, Holly A. Harrison, Lori L. Roeser and Ryan M. Sandrock, of counsel), for Appellant.

Lord, Bissell & Brook LLP, Chicago (Nick J. DiGiovanni, Molly McGinnis Stine and Hugh S. Balsam, of counsel), for Appellee.

Presiding Justice REID delivered the opinion of the court:

The plaintiff, Combined Insurance Company of America (Combined), appeals the trial court's decision to grant the motion under section 2-619(a)(3) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(3) (West 2002)) motion to dismiss of the defendant, Certain Underwriters at Lloyd's, London, subscribing to reinsurance contract No. BK0030050 for the 12-month period incepting on April 30, 2001 (Under-writers)...

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