Apcon Corp. v. Dana Trucking, Inc.

Plaintiffs Apcon Corporation (Apcon) and its liability insurer Bituminous Casualty Corporation filed this action for declaratory judgment on February 27, 1992, in the circuit court of Champaign County. Plaintiffs claimed that Apcon was entitled to coverage under a liability insurance policy issued to defendant Dana Trucking, Inc. (Dana), by defendant Northland Insurance Company (North-land) with respect to a wrongful death action filed by the estate of Ellen Schulze. The dispute turned upon the question of whether Apcon’s actions at the time of decedent’s injury constituted “use” of one of…