Gibraltar Ins. Co. v. Varkalis

Rehearing denied December 3, 1970. Plaintiff, Gibraltar Insurance Company, filed its declaratory judgment complaint in the circuit court of Cook County against
Michael Varkalis, administrator of the estate of Veronica Varkalis, deceased, hereinafter referred to as defendant, and its
insured, Kenneth Robinson, seeking a judicial declaration that it was under no responsibility to defend Robinson or pay any
judgment rendered against him in a wrongful death action brought by defendant as the result of the murder of his decedent
Veronica Varkalis by Robinson through the use of a motor vehicle. The circuit court, after granting leave to plaintiff allowing
the filing of an amended complaint, ultimately dismissed the cause with prejudice on motion of defendant. On appeal the appellate
court initially unanimously affirmed the determination of the circuit court. On rehearing, the appellate court again affirmed
the trial court's dismissal, this time with one justice dissenting. (115 Ill. App.2d 130.) We have allowed plaintiff's petition
for leave to appeal from the appellate court's decision. 43 Ill.2d R. 315.