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WESTERN FIRE INS. CO. v. MOSS

No. 55718.

11 Ill. App.3d 802 (1973)

298 N.E.2d 304

WESTERN FIRE INSURANCE CO., Plaintiff-Appellant, v. JOSEPH MOSS et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied June 7, 1973.

Attorney(s) appearing for the Case

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, for appellant.

Philip H. Corboy, of Corboy and Kotin and Associates, and Samuel L. Evins, of Richman & Evins, both of Chicago, (Sidney Z. Karasik, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE HALLETT delivered the opinion of the court:

The Nature of the Action

This was a declaratory judgment action brought by the plaintiff insurance company against the defendant seeking to have a predated insurance policy issued to defendant Moss declared void ab initio. A third party action filed by said defendant against Louis Kamberos was severed at the time of trial and is not involved on this appeal...

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