BANNER INS. CO. v. AVELLA

Gen. No. 54,371.

128 Ill. App.2d 471 (1970)

262 N.E.2d 791

Banner Insurance Company, Plaintiff-Appellant, v. Clotilde Avella, et al., Defendants-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

Rehearing denied and opinion modified October 5, 1970.


Attorney(s) appearing for the Case

Vincent J. Biskupic and Frank J. Merrill, of Oak Brook, for appellant.

George B. Collins, Alan O. Amos, Collins & Amos, of Chicago (Jeffrey Schulman, of counsel), for appellees.


MR. JUSTICE DRUCKER delivered the opinion of the court.

Plaintiff appeals from a summary judgment declaring the rights of defendants to a defense and payment under plaintiff's policy of insurance.

The following facts as set forth in the pleadings and cross-motions for summary judgment are not in dispute. On November 8, 1966, the plaintiff issued to the defendant Pio Mugnaini its standard form automobile insurance...

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