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KEMLING v. COUNTRY MUTUAL INSURANCE CO.

No. 81-521.

107 Ill. App.3d 516 (1982)

437 N.E.2d 1253

MAX KEMLING, Adm'r of the Estate of Ruth Kemling, Deceased, Plaintiff-Appellee, v. COUNTRY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied August 6, 1982.

Attorney(s) appearing for the Case

John R. Wienold and Bernard K. Weiler, both of Puckett, Barnett, Larson, Mickey, Wilson & Ochsenschlager, of Aurora, for appellant.

Roger K. O'Reilly, of O'Reilly and Cunningham, of Wheaton, for appellee.

Judgment reversed.

JUSTICE NASH delivered the opinion of the court:

Defendant, Country Mutual Insurance Company, appeals from a declaratory judgment of the circuit court of Du Page County estopping it from contesting in a pending arbitration hearing the negligence of an uninsured motorist as the proximate cause of injury sustained by plaintiff, Max Kemling.

On February 23, 1979, plaintiff was injured and his wife, Ruth Kemling, killed in a collision...

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