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AUTO-OWNERS INSURANCE CO. v. GRAY

No. 3-88-0466.

180 Ill. App.3d 761 (1989)

536 N.E.2d 444

AUTO-OWNERS INSURANCE COMPANY, Plaintiff-Appellant, v. ERNEST E. GRAY, Indiv. and as Adm'r of the Estate of Lynda Gray, Deceased, et al., Defendants-Appellees (Gary E. Miller et al., Defendants).

Appellate Court of Illinois — Third District.

Opinion filed March 17, 1989.

Attorney(s) appearing for the Case

Myers, Daugherity, Berry & O'Connor, Ltd., of Ottawa (Eugene P. Daugherity, of counsel), for appellant.

Law Offices of Peter F. Ferracuti, P.C., of Ottawa (Mark A. Schindler, of counsel), for appellee Ernest E. Gray.

Anthony C. Raccuglia, of Anthony C. Raccuglia & Associates, of Peru (James A. McPhedran, of counsel), for other appellees.

Judgment reversed.

JUSTICE STOUDER delivered the opinion of the court:

Plaintiff Auto Owners Insurance Company brought this action seeking a declaratory judgment regarding its liability under a personal automobile insurance policy. Plaintiff seeks a determination that the policy did not afford coverage because the vehicle being operated by the insured, defendant Gary Miller, at the time of the accident was furnished for his frequent and regular use. The trial...

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