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AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee v. ROTH et al

886 N.E.2d 1149 (Appellate Court of Illinois, 2008)

An insurer that sued two of its former agents for breach of contract and
tortious interference, arising out of agents' solicitation of former customers
after termination of the agency using confidential information extracted from
insurer's computers, filed declaratory judgment action seeking to establish
whether it had a duty to defend agents pursuant to personal and advertising injury
coverage in a businessowners liability policy. The Circuit Court, Cook County,
William O. Maki, J., awarded summary judgment to insurer, finding no duty to
defend. Agents appealed.


Holdings: The Appellate Court, South, J., held that:

(1) claims in insurer's lawsuit did not fall within scope of personal and
advertising injury coverage in agents' liability insurance policy, and

(2) claims sounded in breach of contract and trade secret infringement.

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