Leakakos Construction Co. v. American Surety Co. of New York

Mr. PRESIDING JUSTICE LORENZ

delivered the opinion of the court:

Plaintiff sued defendant insurance company for money damages incurred in disposition of a claim which it contends was covered under a public liability insurance contract. Defendant filed a motion to dismiss the complaint pursuant to Section 48 of the Illinois Civil Practice Act. (Ill. Rev. Stat. 1969, ch. 110, par. 48.) The trial court dismissed the complaint. Plaintiff then filed a motion to vacate the dismissal order and a motion requesting summary judgment in his favor on the issue of defendant’s liability under the insurance…