Case Conclusion Date:June 3, 1993
Outcome:The Court affirmed in part, reversed in part, and remanded with directions.
Description:The case arises from the entry of summary judgment in favor of plaintiff, Illinois Founders Insurance Company, on its declaratory judgment action against defendants, James Guidish, Joseph Guidish, Jr., Michael's Magic Touch, Ltd., Robert Luksik, August Russo, and Timothy R. Pope. The trial court determined that: (1) Illinois Founders did not owe a duty to defend or indemnify its insured, Magic Touch, or Magic Touch's employees, Luksik, Russo, and Pope, in a personal injury action filed against them by James and Joseph Guidish; and (2) the liability policy issued to Magic Touch did not cover the occurrence alleged in the Guidishes' complaint. The Guidishes and Luksik filed separate appeals which were consolidated. The Appellate Court considered: (1) whether the declaration that the policy did not cover counts I and II of the Guidishes' personal injury complaint was premature because their appeal from the dismissal of those counts was pending; and (2) whether the policy required Illinois Founders to prosecute Luksik's appeal from the personal injury action.