August 13, 2007
NATIONAL FIRE INSURANCE COMPANY OF
(Nikash, Inc., a Dissolved Corporation, formerly d/b/a Clear
Choice Laser Eye Center; Stuart P. Sondheimer; and
the Circuit Court
of Cook County
No. 04 CH 12414
William O. Maki,
JUSTICE CAHILL delivered the opinion of the court:
Defendant Briseis Kilfoy appeals a trial court order granting summary judgment to plaintiff
National Fire Insurance Company of Hartford (National) in its suit for declaratory judgment. The
trial court held National did not owe a duty to indemnify or defend its insured Nikash, Inc.
(Nikash), a dissolved corporation formerly doing business as Clear Choice Laser Eye Center
(Clear Choice), against Kilfoy's underlying medical malpractice and negligent hiring complaint.
That complaint named as defendants Nikash, Clear Choice, Stuart P. Sondheimer, M.D., and
Miriam Weller, O.D. (collectively, the underlying defendants). At issue was whether the