for summary judgment, an adjudication of its rights and duties. Sears, 254 Ill. App. 3d at 694. See also Village of Melrose Park v. Nautilus Insurance Co., 214 Ill. App. 3d 864, 867, 574 N.E.2d 198 (1991); Ayers v. Bituminous Insurance Co., 100 Ill. App. 3d 33, 35 n.l, 424 N.E.2d 1316 (1981). In the instant case, Pekin brought an action for declaratory judgment on August 3, 2000. The underlying suit was resolved on August 7, 2000. The action for declaratory judgment, even though initiated by Pekin, was brought prior to the resolution of the Stolzenberg action. Allstate actively sought an adjudication of its rights by filing a counterclaim for declaratory judgment and a motion for judgment on the pleadings. As a result, Pekin’s estoppel argument fails. State Farm, 186 Ill. 2d at 374 (<HOLDING>). Allstate also argues that it had no duty to
holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action holding that an insurer will not be estopped from denying coverage merely because the underlying case proceeds to judgment before the declaratory judgment action is resolved holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment