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ST. PAUL FIRE AND MARINE v. CITY OF ZION

Nos. 2-13-1312, 2-13-1313.

18 N.E.3d 193 (2014)

2014 IL App (2d) 131312

385 Ill. Dec. 193

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff and Counterdefendant-Appellee, v. The CITY OF ZION, The County of Lake, Kevin Harris, Mark Curran, Timothy Jonites, and Robert Dever, Defendants (Jerry Hobbs III, Defendant-Appellant; The City of Waukegan, Domenic Capelluti, Charles Schletz, and William Valko, Defendants and Counter-plaintiffs; Illinois County Risk Management Trust, Intervenor-Appellant; and American Alternative Insurance Corporation, Certain Underwriters at Lloyd's London, and Princeton Excess and Surplus Lines Insurance Company, Intervenors).

Appellate Court of Illinois, Second District.

September 10, 2014.

Attorney(s) appearing for the Case

Michael W. Rathsack, of Michael Rathsack Law Office, of Chicago, and Kathleen T. Zehner and Douglas H. Johnson, both of Kathleen T. Zellner & Associates, P.C., of Downers Grove, for appeUants.

Daniel G. Litchfield, Dennis M. Dolan, and Laura L. Milnichuk, all of Litchfield Cavo, LLP, of Chicago, for appeUee.

OPINION

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

¶ 1 The issue in this appeal is whether a malicious-prosecution claim filed by Jerry Hobbs III against the City of Zion and its police officer Kevin Harris triggered coverage under an insurance policy that St. Paul Fire and Marine Insurance Company issued to Zion. Resolution of this issue depends upon whether the occurrence triggering coverage under the policy is the commencement...

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