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UNITED FARM BUREAU MUTUAL INS. CO. v. ELDER

No. 79-1575.

89 Ill. App.3d 918 (1980)

412 N.E.2d 630

UNITED FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. THOMAS C. ELDER, Defendant-Appellant. — (EDWARD SZCZESNIAK, Defendant.)

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

Opinion filed October 23, 1980.

Attorney(s) appearing for the Case

John M. Burke, of Burke & Burke, Ltd., of Chicago, for appellant.

Michael W. Rathsack, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE JIGANTI delivered the opinion of the court:

The dispute in this lawsuit centers around the question of whether the automobile of Thomas C. Elder, the defendant-insured, was a replacement automobile or an additional automobile under the insurance policy issued by United Farm Bureau, the plaintiff-insurer. Under the terms of the policy, a replacement automobile would have coverage...

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