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STOLTZ v. NATIONAL INDEM. CO.

Gen. No. 45,499.

345 Ill. App. 495 (1952)

104 N.E.2d 320

Wayne Stoltz and Jack Stoltz, Trading as Stoltz Trucking Company, a Copartnership, Appellees, v. National Indemnity Company of Omaha, Nebraska, Appellant.

Appellate Court of Illinois.

Rehearing denied March 3, 1952.

Released for publication March 3, 1952.

Attorney(s) appearing for the Case

ARNOLD F. BERGER, of Chicago, for appellant; SAMUEL LEVIN, of Chicago, of counsel.

ECKERT, PETERSON & LEEMING, of Chicago, for appellees; WALTER W. ROSS, JR., and HERBERT C. LOTH, JR., both of Chicago, of counsel.

MR. JUSTICE ROBSON delivered the opinion of the court.

This is a chancery action filed by plaintiffs (appellees) based upon a policy of insurance issued by defendant (appellant) to plaintiffs. The policy, by its terms and provisions, covered a 1948 Chevrolet tractor against direct and accidental loss or damage to the tractor named in the policy as the result of risks or hazards named, and specified the actual cash value

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