Eclipse v. United States Compliance Company

              Nos. 2--06--0825 & 2--06--0889 cons. Filed: 11-30-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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ECLIPSE MANUFACTURING COMPANY, ) Appeal from the Circuit Court
an Illinois Corporation, Individually and on ) of Lake County.
Behalf of Members of a Certified Class, )
as Assignee, ))
Plaintiff and Third-Party Citation )
Petitioner-Appellee and Cross- )
Appellant, ))
v. ) No. 03--CH--922
)
UNITED STATES COMPLIANCE )
COMPANY, d/b/a United States Compliance )
Corporation, a Minnesota Corporation, )
)
Defendant )
)
(Hartford Casualty Insurance Company, ) Honorable
an Indiana Corporation, Third-Party Citation ) Michael J. Fritz,
Respondent-Appellant and Cross-Appellee). ) Judge, Presiding.
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JUSTICE BYRNE delivered the opinion of the court:
Eclipse Manufacturing Company (Eclipse) filed a class action suit against United States
Compliance Company (U.S. Compliance) in Lake County circuit court. The three-count complaint
was based on the allegation that U.S. Compliance had faxed advertisements to Eclipse and other
businesses without first obtaining their permission. U.S. Compliance had previously purchased
commercial general liability insurance policies from Hartford Casualty Insurance Company (Hartford).
U.S. Compliance asked Hartford to defend the suit and cover any liability under the policies.