Bituminous Casualty Corp. v. Iowa National Mutual Insurance

PRESIDING JUSTICE HEIPLE

delivered the opinion of the court:

Bituminous Casualty Corporation (Bituminous) brought the instant complaint for declaratory judgment against Iowa National Mutual Insurance Company (Iowa National). The circuit court dismissed the complaint with prejudice. Iowa National counterclaimed against Bituminous for fees and costs under an assignment of rights from the parties’ mutual insured, Peleo Structures, Inc. (Peleo). The counterclaim was also dismissed. We affirm on both counts.

Peleo is a third-party defendant in a personal injury suit brought in Cook County. Bituminous…