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OLD MUTUAL CASUALTY COMPANY v. CLARK

No. 76-489.

368 N.E.2d 702 (1977)

53 Ill. App.3d 274

11 Ill.Dec. 151

OLD MUTUAL CASUALTY COMPANY, an Illinois Corporation, Plaintiff-Appellant, Cross-Appellee, v. William A. CLARK, Defendant-Appellee, Cross-Appellant, and William J. Clark, Lois Clark, Lois Kent, Administrator of the Estate of Mickey Sharon Kent, Deceased, Margaret Nye, Samuel Rovner, Individually and as Administrator of the Estate of Daniel Rovner, Deceased, Shirley Rovner, Cynthia Zeller, Daniel McNulty, and Anita McNulty, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

September 30, 1977.

Attorney(s) appearing for the Case

Marvin I. Schneider, Harold W. Gautier Jr., Chicago, for appellant Old Mutual.

Kamin, Stanley & Balkin, Frank C. Stanley, Chicago, for cross-appellant William A. Clark.

Ader & Ader, Chicago, for Samuel Rovner, individually and as administrator of the Estate of Daniel Rovner, Deceased, Shirley Rovner, Cynthia Zeller, Daniel McNulty and Anita McNulty.

WILSON, Justice.

This is an appeal of an action for declaratory judgment instituted by plaintiff which arose out of a request for liability insurance coverage due to an accident involving automobiles driven by defendants William A. Clark and Margaret Nye. As a result of the accident, occupants of the automobiles were either killed or injured. The trial court ruled that plaintiff must afford coverage for the accident.

On appeal, the issues raised are (1) whether...

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