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LUCAS v. ILL. INSURANCE GUARANTY FUND

No. 76-1127.

52 Ill. App.3d 237 (1977)

367 N.E.2d 469

MARY LUCAS et al., Plaintiffs-Appellants, v. ILLINOIS INSURANCE GUARANTY FUND, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed August 31, 1977.

Attorney(s) appearing for the Case

Alvin R. Becker, of Block, Levy & Becker, of Chicago, for appellants.

Lord, Bissell & Brook, of Chicago (Don W. Fowler, Richard E. Mueller, and Hugh C. Griffin, of counsel), for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE SIMON delivered the opinion of the court:

This appeal requires the interpretation and application of the "non-duplication of recovery" provision of the Illinois Insurance Guaranty Fund Act (the Act), which is designed to protect the public against the insolvency of an insurance carrier. The issue at stake here arises when (i) a person recovers a judgment against an insured motorist in excess of the limits of the insured...

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