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COUNTRY CASUALTY INSURANCE CO. v. WILSON

Nos. 3-85-0406, 3-85-0429 cons.

144 Ill. App.3d 28 (1986)

494 N.E.2d 152

COUNTRY CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. GARY J. WILSON et al., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied July 8, 1986.

Attorney(s) appearing for the Case

Michael J. Martin, of Dunn, Leinenweber & Dunn, Ltd., of Joliet, for appellants.

Robert O. Duffy and Michael W. Rathsack, both of Beverly, Pause, Duffy & O'Malley, of Chicago, for appellee.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

Plaintiff, Country Casualty Insurance Company, filed the instant action seeking a declaration that it was not required to defend and indemnify defendant Gary Wilson against a suit filed by defendant Scott Taylor. The third defendant, State Farm Insurance Company, paid $50,000 to Taylor by virtue of an uninsured motorist policy. Hence, a declaration of no coverage would defeat State Farm...

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