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STATE FARM MUT. AUTOMOBILE INS. CO. v. MADISON

Gen. No. 46,839.

11 Ill. App.2d 206 (1956)

136 N.E.2d 533

State Farm Mutual Automobile Insurance Company, Appellant, v. Ernest E. Madison, Administrator of Estate of John A. Madison, Deceased, and James Dimitrion, Appellees.

Appellate Court of Illinois — First District, Third Division.

Released for publication September 12, 1956.

Attorney(s) appearing for the Case

Meyers & Matthias, of Chicago, for appellant; Donald L. Thompson, of Chicago, of counsel.

Robert E. McAuliffe, Clarence J. Walsh, and Mark H. Ellis, all of Chicago, for appellees; Edward Wolfe, of Chicago, of counsel.

JUDGE FEINBERG delivered the opinion of the court.

Plaintiff's complaint is for a declaratory judgment that certain exclusion provisions in the policy of insurance issued to John A. Madison, now deceased, apply to the particular facts alleged in the complaint; and that there is no liability under the policy for the accident in question. Answers were filed to the complaint, which substantially admitted the facts alleged and raised only an issue of law. Plaintiff's...

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