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COUNTRY MUT. INS. CO. v. AETNA LIFE & CAS. INS. CO.

No. 77-546.

69 Ill. App.3d 764 (1979)

387 N.E.2d 1037

COUNTRY MUTUAL INSURANCE CO., Plaintiff-Appellant, v. AETNA LIFE AND CASUALTY INSURANCE CO. et al., Defendants-Appellees. — (JOHN D. TAYLOR, Indiv. and as Adm'r of the Estates of Scott Edward Taylor et al., Deceased, Defendant-Appellant.)

Appellate Court of Illinois — Second District.

Opinion filed March 26, 1979.

Attorney(s) appearing for the Case

Herman E. Stime, of Peregrine, Stime & Newman, and Lloyd L. Speer, of Popejoy & Speer, both of Wheaton, for appellants.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, for appellees.

Judgment affirmed.

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

This is a suit to determine which of two insurance companies was the primary insurer of an automobile at the time of an accident.

In the early morning hours of Sunday, October 5, 1975, Scott Taylor and Kathleen Taylor were killed and Edward Van Poolen, Jr., was seriously injured when struck by an automobile operated by Donald Wittler. John Taylor, individually and as...

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