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G.M. SIGN, INC. v. PENNSWOOD PARTNERS, INC.

No. 2-12-1276.

9 N.E.3d 49 (2014)

G.M. SIGN, INC., Plaintiff and Defendant and Counterplaintiff-Appellee, v. PENNSWOOD PARTNERS, INC., Defendant-Appellee and Cross-Appellant (Maryland Casualty Company and Assurance Company of America, Plaintiffs and Counterdefendants-Appellants and Cross-Appellees).

Appellate Court of Illinois, Second District.

March 24, 2014.

Attorney(s) appearing for the Case

Michael M. Marick, Karen M. Dixon, and Timothy H. Wright, all of Meekler Bulger Tilson Marick & Pearson LLP, of Chicago, for appellants.

Brian J. Wanca and David M. Oppenheim, both of Anderson & Wanca, of Rolling Meadows, and Phillip A. Bock and Robert M. Hatch, both of Bock & Hatch, LLC, of Chicago, for appellees.

Micheal C. Borders and Rosa M. Tumialan, both of Dykema Gossett PLLC, of Chicago, for amici curiae.

OPINION

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

¶ 1 G.M. Sign filed a class action complaint against Pennswood Partners (Pennswood), for sending it unsolicited faxes. Maryland Casualty Company (Maryland Casualty) and Assurance Company of America (Assurance) then filed a declaratory judgment action against Pennswood and G.M. Sign, seeking a declaration that their insurance policies did not provide coverage to Pennswood in the...

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