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PUBLIC SERVICE MUT. INS. v. CAPITOL TRANSAMERICA

No. 09 C 2829.

756 F.Supp.2d 920 (2010)

PUBLIC SERVICE MUTUAL INS., CO., individually and as subrogee of Kenard Mgmt. Co., Plaintiff, v. CAPITOL TRANSAMERICA CORP., d/b/a Capital Indem. Corp., Defendant.

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

November 17, 2010.

Attorney(s) appearing for the Case

Christopher J. Bannon, Howard J. Fishman, Sheila A. Loop, Aronberg, Goldgehn, Davis & Garmisa, Chicago, IL, John A. Donovan, Sloane and Walsh, LLP, Boston, MA, for Plaintiff.

Linda E. Spring, Swanson, Martin & Bell, Libertyville, IL, for Defendant.

MEMORANDUM OPINION

JOHN F. GRADY, District Judge.

Before the court are the parties' cross-motions for summary judgment. For the reasons explained below we grant plaintiff Public Service Mutual Insurance Company's ("PSM") motion in part, and deny it in part, and deny defendant Capitol Transamerica Corporation's ("Capitol") motion.

BACKGROUND

This insurance coverage dispute...

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