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COLONIAL PENN INS. CO. v. TACHIBANA

No. 76-1111.

369 N.E.2d 177 (1977)

53 Ill. App.3d 981

11 Ill.Dec. 723

COLONIAL PENN INSURANCE COMPANY, as Subrogee of Jacob Rosenthal, Plaintiff-Appellant, v. Mitsuro TACHIBANA, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

October 12, 1977.

Attorney(s) appearing for the Case

William M. Doty, Jr., Chicago, for plaintiff-appellant.

JIGANTI, Justice.

The Colonial Penn Insurance Company (Colonial) instituted this action as subrogee of Jacob Rosenthal. Colonial sought to recover damages from defendant, Mitsuro Tachibana, on account of property damage resulting to Rosenthal's automobile in a collision with defendant's automobile. Defendant was personally served with summons but failed to appear or plead, and Colonial requested entry of a default judgment on that basis. Colonial appeals from a judgment...

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