State Farm Fire & Casualty Company v. Martin

186 Ill.2d 367, 710 N.E.2d 1228, 238 Ill. Dec. 126 (1999)

Words & Phrases

Duty To Defend: Estoppel

Trial Judge

Heiple

Holding

Insurer seeking to avoid application of estoppel rule must either defend under reservation of rights or seek - not secure - a declaratory judgment prior to resolution of the underlying litigation.

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