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MAR SAN v. INSURANCE CO. OF NORTH AMERICA

No. 79-1724.

86 Ill. App.3d 64 (1980)

407 N.E.2d 969

MAR SAN, a Division of Products Fulfillment, Inc., Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 27, 1980.

Attorney(s) appearing for the Case

A.S. Frankenstein, of Frankenstein & Frankenstein, of Chicago, for appellant.

Conklin & Adler, Ltd., of Chicago (Allen L. Shulman, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE WILSON delivered the opinion of the court:

Plaintiff brought an action against defendant-insurer seeking payment for the loss and disappearance of a shipment of merchandise entrusted to Shulman Air Freight, Inc. (Shulman), its insured. The trial court granted defendant's motion to strike and dismiss plaintiff's complaint. In so doing, the trial court found that section 388 of the Insurance Code (Ill. Rev. Stat. 1977, ch. 73,...

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