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COUNTRY MUTUAL INS. CO. v. MOONEY

No. 77-487.

59 Ill. App.3d 946 (1978)

376 N.E.2d 439

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. ELEANOR M. MOONEY et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Rehearing denied June 14, 1978.

Attorney(s) appearing for the Case

Lyle W. Allen and William J. Becker, both of Heyl, Royster, Voelker & Allen, of Peoria, for appellant.

James D. Reynolds, of Peoria (Brian M. Nemenoff, of counsel), for appellee Eleanor M. Mooney.

Kehr, Theobald and Edmonds, of Chillicothe, for appellee Kenneth D. Smith.

Judgment affirmed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

Eleanor Mooney was seriously injured in an accident which occurred while she was a passenger in a car owned by Kenneth Smith and driven by Smith's wife Mildred, who is Mrs. Mooney's sister. Mrs. Mooney filed a personal injury action against the Smiths which prompted Smith's insurer, Country Mutual, to file this declaratory judgment suit wherein it is claimed that Mrs. Mooney is excluded...

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