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ALL AMERICAN ROOFING v. ZURICH AMERICAN CO.

No. 1-09-2631.

934 N.E.2d 679 (2010)

ALL AMERICAN ROOFING, INC., Plaintiff-Appellant, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

August 20, 2010.

Attorney(s) appearing for the Case

David B. Goodman, Chicago, and Nada Djordjevic, Shaw Gussis Fishman Glantz Wolfson & Towbin LLC, for Plaintiff-Appellant.

Steven T. Whitmer, Julie L. Young, Hugh S. Balsam and Meredith V. Hattendorf, Locke Lord Bissell & Liddell LLP, Chicago, for Defendant-Appellee.

Justice McBRIDE delivered the opinion of the court:

The plaintiff company was summoned to arbitration by its workers' compensation insurer about unpaid deductibles and retrospective premiums totaling $747,093. It responded by filing this declaratory judgment action, contending the mandatory arbitration clause the insurer was relying upon was unenforceable due to the insurer's conduct at the time of contracting. The plaintiff...

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