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COUNTRY MUT. INS. CO. v. HILLTOP VIEW, LLC

No. 4-13-0124.

998 N.E.2d 950 (2013)

2013 IL App (4th) 130136

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. HILLTOP VIEW, LLC, an Illinois Corporation; Professional Swine Management, LLC, an Illinois Corporation; Donald Ward; Dianne Ward; James Vaughn; Marjean Vaughn; Joe Heaton; Pam Heaton; Billy Joe Troutman; Julie Troutman; Gary L. Hand; Paulette L. Hand; James A. Hopkins; Karen S. Hopkins; Donald L. Brown; And Gayleen J. Brown, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

November 13, 2013.

Attorney(s) appearing for the Case

Keith G. Carlson , Carlson Law Offices, Chicago, and Kent R. Schnack , Law Office of Kent R. Schnack, P.C., Quincy, and William P. Pipal , Troutman Sanders LLP, Chicago, and Charles I. Hadden (argued), Troutman Sanders LLP, Washington, D.C., for appellant.

Edward W. Dwyer , Jennifer M. Martin (argued), and Joshua J. Houser , Hodge, Dwyer & Driver, and Richard J. Wilderson , Graham & Graham, Ltd., Springfield, for appellees Hilltop View, LLC, and Professional Swine Management, LLC.

Charles F. Speer and Britt Bieri , Speer Law Firm, P.A., Kansas City, Missouri, and Ralph D. Davis , Ralph Davis Law, Peoria, for other appellees.

OPINION

Justice POPE delivered the judgment of the court, with opinion.

¶ 1 On October 26, 2012, the trial court denied plaintiff Country Mutual Insurance Company's (Country) motion for partial summary judgment, finding the pollution exclusion clause in Country's farm umbrella policy (umbrella policy) was ambiguous. On the same day, the court entered an order granting defendants Hilltop View, LLC's (Hilltop) and Professional Swine Management, LLC's...

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