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MFA MUTUAL INS. CO. v. HARDEN

No. 73-299.

26 Ill. App.3d 360 (1975)

325 N.E.2d 102

MFA MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. ARCHIE HARDEN et al., Defendants-Appellants. — (INTER-INSURANCE EXCHANGE OF THE CHICAGO MOTOR CLUB, Intervening Plaintiff-Appellant.)

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

March 21, 1975.

Attorney(s) appearing for the Case

Maynard & Brassfield, of Rockford (E.E. Brassfield and Alfred W. Cowan, Jr., of counsel), for appellants.

William D. Knight, Jr., of Rockford, for appellee.

Reversed and remanded.

Mr. JUSTICE GUILD delivered the opinion of the court:

Plaintiff, MFA Mutual Insurance Company (hereinafter MFA), brought a declaratory judgment action to determine its liability under an automobile insurance policy. The trial court, sitting without a jury, found in favor of MFA and from this judgment defendants and intervening plaintiff appeal. The sole issue presented is whether the automobile driven by the defendant Starr Harden at...

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