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PALUSZEK v. SAFECO INSURANCE CO.

No. 86-564.

164 Ill. App.3d 511 (1987)

517 N.E.2d 565

MARY PALUSZEK, f/k/a Mary Cox, Plaintiff-Appellee, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied September 30, 1987.

Attorney(s) appearing for the Case

Clausen, Miller, Gorman, Caffrey & Wittous, P.C., of Chicago (James T. Ferrini, Richard A. Buchanan, and Lisa Marco Kouba, of counsel), for appellant.

Wood, Lucksinger & Epstein, of Chicago (Alan E. Sohn and John J. Bollman, of counsel), for appellee.

Judgment reversed.

PRESIDING JUSTICE McNAMARA delivered the opinion of the court:

Defendant Safeco Insurance Company appeals from an order granting summary judgment to plaintiff Mary Cox on the issue of coverage under the repair or replacement cost provision of her homeowner's insurance policy. Defendant also appeals from the trial court's finding of vexatious and unreasonable delay in payment of the claim, the penalty assessed therefore, and an award of attorney...

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