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BERTINI v. STATE FARM MUTUAL AUTO. INS.

No. 76-161.

48 Ill. App.3d 851 (1977)

362 N.E.2d 1355

JOSEPH R. BERTINI, Indiv. and as Adm'r of the Estate of Michael J. Bertini, Deceased, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant. — (CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, Defendant-Appellee.)

Appellate Court of Illinois — First District (4th Division).

Rehearing denied June 2, 1977.

Attorney(s) appearing for the Case

John T. Kennedy, of Querrey, Harrow, Gulanick & Kennedy, Ltd., of Chicago, for appellant.

Peter D. Corti, of Karlin and Fleisher, of Chicago, for appellee Joseph R. Bertini.

Arthur H. Barton, of Chicago (David F. Holland, of counsel), for appellee Central National Insurance Company of Omaha.

Reversed and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

This appeal involves an action for declaratory judgment instituted by plaintiff, Joseph R. Bertini, individually and as administrator of the estate of Michael J. Bertini, deceased, against State Farm Mutual Automobile Insurance Co. (State Farm) and Central National Insurance Company of Omaha (Central).

The issues in this case are two: whether an automobile insurer can limit...

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