AGUILAR v. SAFEWAY INSURANCE CO.

No. 85-3529.

157 Ill. App.3d 877 (1987)

510 N.E.2d 1135

MARCELLO AGUILAR et al., Indiv. and in a representative capacity on behalf of all persons similarly situated, Plaintiffs-Appellants, v. SAFEWAY INSURANCE COMPANY, Defendant-Appellee.

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

Rehearing denied July 21, 1987.


Attorney(s) appearing for the Case

Leo M. Bleiman, of Leo M. Bleiman, P.C., of Chicago (David A. Novoselsky and Kathleen M. Krist, of counsel), for appellants.

Parrillo, Weiss & Moss, of Chicago (Kimberly G. Moss, of counsel), for appellee.


Reversed and remanded.

JUSTICE LORENZ delivered the opinion of the court:

This appeal arises from an order entered by the circuit court of Cook County on November 25, 1985, which dismissed plaintiffs' complaint with prejudice. No motion for class determination has been presented pending the disposition of this appeal.

Plaintiffs contend that defendant's insurance policy required plaintiffs to file suit against uninsured motorists, thereby entitling...

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