STATE FARM FIRE AND CASUALTY ) Appeal from the
COMPANY, ) Circuit Court of
) Cook County.
UTICA NATIONAL INSURANCE GROUP, ))
No. 04 CH 6466
(State Farm Mutual Automobile Insurance )
Company, ) Honorable
. ) David R. Donnersberger,
Plaintiff). ) Judge Presiding.
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
Plaintiff State Farm Fire and Casualty Company (State Farm) filed the case at bar seeking
a declaratory judgment that it owed no coverage in connection with two personal injury lawsuits.
The circuit court of Cook County already found that State Farm owed coverage for the
underlying lawsuits, and this court affirmed that finding in an order dated May 7, 2007 (No. 1-
06-0711, unpublished order under Supreme Court Rule 23).
Defendant Utica National Insurance Group (Utica) filed a counterclaim against State
Farm seeking a declaratory judgment that its umbrella policy was in excess of State Farm’s
umbrella policy. State Farm filed a motion for summary judgment pursuant to section 2-1005 of
the Code of Civil Procedure (735 ILCS 5/2-1005 (West 2004)) claiming that Utica was required
to contribute to the settlement of the underlying lawsuits. In an order dated October 27, 2006, the