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GREEN v. J.C. PENNEY AUTO INS. CO., INC.

No. 83-1003.

722 F.2d 330 (1983)

Stanley GREEN, as Assignee of Dexter Hopkins, Plaintiff-Appellee, v. The J.C. PENNEY AUTO INSURANCE COMPANY, INC., a corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 1983.

As Amended December 5, 1983.

Rehearing Denied January 13, 1984.

Attorney(s) appearing for the Case

David I. Hares, St. Louis, Mo., Strubinger, Keller, Willbrand & Soraghan, Belleville, Ill., for defendant-appellant.

Edward J. Kionka, Kionka & Kionka, Carbondale, Ill., for plaintiff-appellee.

Before PELL, COFFEY and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

This is an appeal from a declaratory judgment action in which the district court declared the existence of a valid insurance contract and ordered the defendant insurer to pay $146,788.97 to an assignee of the insured pursuant to that contract. We affirm the district court's finding that a valid insurance contract was in effect at the time of the incident giving rise to this action, but vacate and remand on the issue of the proper measure of damages...

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