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WESTERN STATES MUTUAL INS. CO. v. VERUCCHI

No. 75-98.

38 Ill. App.3d 266 (1976)

347 N.E.2d 63

WESTERN STATES MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. JOHN VERUCCHI et al., Defendants-Appellees. — (PEKIN FARMERS INSURANCE COMPANY, Defendant and Counterplaintiff-Appellant.)

Appellate Court of Illinois — Third District.

Rehearing denied May 12, 1976.

Attorney(s) appearing for the Case

Michael T. Reagan, of Berry & O'Conor, of Ottawa, for appellant.

Daniel Russell, of Johnson, Martin & Russell, of Princeton, Paul Perona, of Perona & Perona, of Spring Valley, and Louis Olivero, of Peru, for appellees.

Affirmed in part and reversed in part.

Mr. JUSTICE STENGEL delivered the opinion of the court:

A declaratory judgment action was brought to determine coverage under the omnibus clause of an automobile liability policy where the driver of the insured's automobile was a subsequent user operating the vehicle without the express permission of either the owner or the initial permittee. The trial court held that the...

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