Aetna Insurance v. Janson

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Relying on Maryland Casualty Co. v. Peppers (1976), 64 Ill. 2d 187, 355 N.E.2d 24, the trial court dismissed plaintiff’s action for declaratory judgment by which it sought a determination that it had no duty to defend separate suits for wrongful death and for property damage brought against its insureds, Herbert Janson, Sr. and Herbert Janson, Jr. Plaintiff appeals, contending that the trial court misapplied Maryland because the allegations of the complaints in each action, as narrowed by an admission of the insured, fell…