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PEARSON v. STATE FARM MUT. AUTO. INSUR.

No. 81-2734.

109 Ill. App.3d 649 (1982)

440 N.E.2d 1070

CHARLES L. PEARSON, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

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

Opinion filed September 30, 1982.

Attorney(s) appearing for the Case

Victor J. Piekarski and Glen E. Amundsen, both of Querrey, Harrow, Gulanick & Kennedy, Ltd., of Chicago, for appellant.

Beermann, Swerdlove, Woloshin, Barezky & Berkson, of Chicago (Miles N. Beermann, Lawrence R. Barezky, and Howard A. London, of counsel), for appellee.

Judgment affirmed.

JUSTICE ROMITI delivered the opinion of the court:

The plaintiff is a police officer who, while temporarily disabled from an automobile accident, continued to receive his salary under a city ordinance so providing; the city is not entitled to recover this amount even if the plaintiff should recover from the motorist. The sole issue in this case is whether plaintiff's uninsured motorist insurer can set off this payment from the amount plaintiff...

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