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INTER-INS. EXCHANGE v. STATE FARM INS.

No. 82-1891.

113 Ill. App.3d 157 (1983)

446 N.E.2d 1224

INTER-INSURANCE EXCHANGE OF THE CHICAGO MOTOR CLUB, Plaintiff-Appellee, v. STATE FARM INSURANCE COMPANY et al., Defendants. — (Frank M. Foster, Defendant-Appellant.)

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

Opinion filed March 4, 1983.

Attorney(s) appearing for the Case

Eileen Kavanagh, of Chicago (J. Dillon Hoey and H. Thomas Lenz, of counsel), for appellant.

Christie E. Smith and John J. O'Connor, both of Chicago, for appellee.

Judgment affirmed and cause remanded.

JUSTICE SULLIVAN delivered the opinion of the court:

In an action for declaratory judgment, plaintiff's motion for summary judgment was granted with a holding that Frank M. Foster (defendant) was precluded by an "other insurance" clause from recovering under an automobile insurance policy issued to him by plaintiff. In this appeal, defendant contends that he is entitled to both uninsured motorist and medical payments benefits...

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