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ALLSTATE INS. CO. v. KELLER

Gen. No. 47,201.

17 Ill. App.2d 44 (1958)

149 N.E.2d 482

Allstate Insurance Company, Appellee, v. James S. Keller, Appellant.

Appellate Court of Illinois — First District, First Division.

Released for publication May 6, 1958.

Attorney(s) appearing for the Case

McCarthy, Toomey and Reynolds, of Chicago (John E. Toomey, and John M. Kaveny, of counsel) for appellant.

Vogel & Vogel, of Chicago (L.H. Vogel, Robert C. Vogel, and Robert B. Johnstone, of counsel) for appellee.

JUSTICE ROBSON delivered the opinion of the court.

This is an appeal from a declaratory judgment entered in favor of the plaintiff exempting it from any obligation to defend or pay any judgment against the holder of a policy of automobile liability insurance in an action for personal injuries. The question presented is whether or not plaintiff has been relieved of its obligations under the policy by a breach of the co-operation clause on the part of defendant.

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