Illinois Appellate Court
Civil Court
Insurance
Insurer issued CGL policy for packager/distributor of single-dose units of liquid medication. Directors of company allegedly formed and operated another company, and policy was amended to name it as the insured. Defendants tendered defense of suit for breach of fiduciary duty to insurer. Court properly struck affidavit of company president, on ground that insurer was unaware of contents of affidavit. Allegations in amended complaint for breach of fiduciary duty were not potentially within policy coverage, which substituted original company for successor company and did not incorporate original complaint by reference; thus court properly entered summary judgment for insurer. (McLAREN and BIRKETT, concurring.)