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HERITAGE INS. CO. v. PHELAN

No. 58226.

17 Ill. App.3d 443 (1974)

308 N.E.2d 176

HERITAGE INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. JAMES PHELAN et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

January 30, 1974.

Attorney(s) appearing for the Case

Rolland H. Stimson, of Chicago, for appellant.

William N. Anthony, of Chicago (Isadore M. Bernstein, of counsel), for appellees.

Judgment reversed.

Mr. JUSTICE JOHNSON delivered the opinion of the court:

Heritage Insurance Company of America filed its complaint for declaratory judgment against the defendants James Phelan, a minor, by William Phelan, his father and next friend and William Phelan individually, asking that the court find that James Phelan was not covered under the "uninsured motorist" provisions of the policy issued to William Phelan. Plaintiff filed its motion for summary...

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