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STANDARD MUT. INS. v. WESTERN STATES MUT. INS.

No. 11504.

7 Ill. App.3d 551 (1972)

287 N.E.2d 540

STANDARD MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. WESTERN STATES MUTUAL INSURANCE COMPANY, Defendant-Appellee — (RAYMOND BURG, Plaintiff-Appellant, v. STANLEY L. SANDS, Defendant-Appellee.)

Appellate Court of Illinois — Fourth District.

September 13, 1972.

Attorney(s) appearing for the Case

Roberts and Kepner, of Springfield, (Maurice Kepner, of counsel,) for appellants.

Olsen & Miller, of Springfield, (Ben K. Miller, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE SMITH delivered the opinion of the court:

A & B collide. A and his wife were injured and their child killed. A's car was totally destroyed. He settled with his own insurance carrier (Standard) on the car and it became subrogated. The Release and Subrogation Receipt signed by A and given to Standard warranted that no settlement had been made with anybody against whom a claim might

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