FARMERS AUTOMOBILE INS. ASS'N v. JANUSICK

Gen. No. 11,457 & 11,469 (Consolidated).

30 Ill. App.2d 352 (1961)

174 N.E.2d 705

The Farmers Automobile Insurance Association, an Interinsurance Exchange, Appellant, v. Cletus Janusick, et al., Appellees.

Appellate Court of Illinois — Second District, First Division.

Rehearing denied June 5, 1961.


Attorney(s) appearing for the Case

Berry & O'Conor, of Ottawa, for appellant.

Moran, Klockau, McCarthy, Schubert & Henss, of Rock Island, and Spaulding & Wosik, of Henry, for appellee.


McNEAL, J.

This is an appeal from an order denying a motion for summary judgment and allowing a motion to dismiss a complaint for declaratory judgment.

As to the salient facts, the record shows that as of September 17, 1958, the Farmers Automobile Insurance Association had issued an insurance policy to Cletus Janusick insuring him from liability incurred while operating a certain 1953 Oldsmobile or while operating any automobile acquired to replace that vehicle...

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