Valley Forge Insurance v. Swiderski Electronics

State: Illinois

Docket No: 101261 Rel

Preview:Docket No. 101261.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

VALLEY FORGE INSURANCE COMPANY et al., Appellants, v. SWIDERSKI ELECTRONICS, INC., et al., Appellees. Opinion filed November 30, 2006.

JUSTICE GARMAN delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Karmeier, and Burke concurred in the judgment and opinion.

OPINION Ernie Rizzo, doing business as Illinois Special Investigations, filed suit individually and on behalf of a class of those similarly situated against Swiderski Electronics, Inc., based on Swiderski's alleged sending of unsolicited facsimile advertisements. Swiderski tendered the defense of the suit to Valley Forge Insurance Company and Continental Casualty Corporation pursuant to insurance policies Swiderski had purchased from them. Subsequently, the insurers sought a declaratory judgment that they had no duty to defend Swiderski against Rizzo's lawsuit (735 ILCS 5/2

Download Valley Forge Insurance v. Swiderski Electronics.pdf