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SWAN v. ALLSTATE INS. CO.

Gen. No. 51,970.

89 Ill. App.2d 205 (1967)

232 N.E.2d 491

Carroll E. Swan and Christine P. Swan, Plaintiffs-Appellees, v. Allstate Insurance Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

November 27, 1967.

Attorney(s) appearing for the Case

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (John J. Moelmann, Karl M. Tippet, and John J. Kirkland, of counsel), for appellant.

Erwin M. Pearl, of Chicago, for appellees.

MR. PRESIDING JUSTICE MURPHY delivered the opinion of the court.

After a nonjury trial, the court ordered the reformation of an automobile insurance policy issued by defendant, so as to include in plaintiffs' coverage "bodily injury benefit insurance," also known as "Uninsured Motorist Coverage." Defendant Allstate appeals on the theory that plaintiffs "totally failed to prove any mutual mistake of fact by any evidence...

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