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BAXTER MOTORS v. IOWA HARDWARE MUT. INS. CO.

Gen. No. 10,134.

15 Ill. App.2d 524 (1958)

146 N.E.2d 797

Baxter Motors, Inc., Plaintiff-Appellee, v. Iowa Hardware Mutual Insurance Company, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Released for publication January 20, 1958.

Attorney(s) appearing for the Case

Inghram & Dittmeyer, of Quincy, for defendant-appellant.

Penick, Wooleyhan & Nielson, of Quincy, for plaintiff-appellee.

JUDGE ROETH delivered the opinion of the court.

This case presents a question which has not been heretofore passed upon by the courts of review of Illinois. It involves the construction to be given to an exclusion clause of a policy of insurance issued by defendant to plaintiff, a car dealer, insuring plaintiff against loss of plaintiff's automobiles by theft, larceny, robbery, etc.

The clause in question provides:

"EXCLUSIONS The policy does not apply...

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