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BDO SEIDMAN, LLP v. HARRIS

No. 1-06-2899.

885 N.E.2d 470 (2008)

BDO SEIDMAN, LLP, Plaintiff-Appellant, v. Peter HARRIS, Individually and as Agent For Those Persons Subscribing to Insurance Policy No. 9624771 00; Nick Ward, Individually and as Agent For Those Persons Subscribing to Insurance Policy Nos. 9624772 00 and 9624773 00; Syndicate 2020 at Lloyd's of London (Lloyd's); Syndicate 435 at Lloyd's; Syndicate 510 at Lloyd's; Syndicate 190 at Lloyd's; Syndicate 702 at Lloyd's; Syndicate 33 at Lloyd's; Syndicate 1207 at Lloyd's; 839 at Lloyd's; with all the respect to the 1999 year of account; Liberty Mutual Insurance Company (UK) Limited; QBE International Insurance Limited; Lexington Insurance Company; and SR International Business Insurance Co., Ltd., Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

March 13, 2008.

Attorney(s) appearing for the Case

DLA Piper US, LLC, Chicago (Michael Poulos, Jonathan D. King, Denise C. Castillo, Raja Gaddipati, of counsel), for Plaintiff-Appellant.

Wilson Elsner Moskowitz Edelman & Dicker LLP, Chicago (David M. Holmes, Penelope S. Hopper, of counsel); Wilson Elsner Moskowitz Edelman & Dicker LLP, New York City (Thomas W. Hyland, Joseph L. Francoeur, of counsel); Wilson Elsner Moskowitz Edelman & Dicker LLP, White Plains, NY (Michael J. Case, of counsel), for Defendants-Appellees.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Plaintiff, BDO Seidman, LLP, brought an insurance coverage action against defendants, the underwriters of plaintiff's professional liability policy, for their failure to indemnify plaintiff against a loss allegedly covered by the policy. The trial court granted defendants' motion to dismiss count I of plaintiff's fourth amended complaint that sought indemnification for $16 million of plaintiff's total loss...

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