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ALLSTATE INSURANCE CO. v. ELLIOTT

No. 80-209.

89 Ill. App.3d 140 (1980)

411 N.E.2d 1072

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant, v. ROGER C. ELLIOTT, Adm'r of the Estate of Michael Staples, Deceased, et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Rehearing denied November 10, 1980.

Attorney(s) appearing for the Case

Alan F. Smietanski, of Berz & Smietanski, of Kankakee, for appellant.

Christopher Bohlen and Dennis A. Norden, both of Blanke, Norden, Barmann & Bohlen, of Kankakee, and John J. McGarry, of Stefanich, McGarry & Wols, Ltd., of Joliet, for appellees.

Affirmed in part and reversed in part.

Mr. JUSTICE STENGEL delivered the opinion of the court:

On January 6, 1976, an automobile driven by Michael Staples collided with an automobile driven by Barbara Mayo, and both drivers were killed. James Mayo, executor of the estate of Barbara Mayo, filed a wrongful death action against Roger C. Elliott, administrator of the estate of Michael Staples. Elliott sent a demand for a defense to Allstate Insurance Company as...

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