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STOFER v. MOTOR VEHICLE CASUALTY CO.

No. 48290.

68 Ill.2d 361 (1977)

369 N.E.2d 875

ROBERT R. STOFER, Appellee, v. MOTOR VEHICLE CASUALTY CO. et al., Appellants. — JOSEPH N. FOX, Appellee, v. THE HARTFORD FIRE INSURANCE CO. et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 23, 1977.

Attorney(s) appearing for the Case

Conklin, Leahy & Eisenberg (Daniel J. Leahy and Franklin A. Nachman, of counsel) and Keck, Cushman, Mahin & Cate (Joseph Keig, Jr., Bennet B. Harvey, Jr., and Brock R. Landry, of counsel), of Chicago, for appellants Motor Vehicle Casualty Company, Harford Fire Insurance Company and United States Fidelity and Guaranty Company.

William J. Scott, Attorney General, of Springfield (Patricia Rosen, Assistant Attorney General, of Chicago, of counsel), for appellant the Department of Insurance.

Sidney Z. Karasik and Max A. Abrams, of Chicago, for appellee Robert R. Stofer.

Calvin K. Hubbell, of Chicago, for appellee Joseph N. Fox.

Reversed and remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

This is a consolidated, direct, interlocutory appeal pursuant to our Rules 302(b) and 308 (58 Ill.2d Rules 302(b), 308) from decisions of the circuit court of Cook County holding sections 397 and 401 of the Insurance Code of 1937 (Ill. Rev. Stat. 1975, ch. 73, pars. 1009, 1013) invalid on the grounds that the power thereby granted the Director...

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