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IN RE ESTATE OF SCOTT

No. 2-90-0322.

567 N.E.2d 605 (1991)

208 Ill. App.3d 846

153 Ill.Dec. 647

In re ESTATE OF William W. SCOTT, Jr., a Disabled Person (Sundstrand-Sauer, Petitioner-Appellee, v. Estate of William W. Scott, Jr., Respondent-Appellant).

Appellate Court of Illinois, Second District.

February 8, 1991.

Attorney(s) appearing for the Case

Lawrence J. Ferolie, Frank A. Perrecone Lawrence J. Ferolie & Associates, Ltd., Rockford, for William W. Scott and Sue Scott.

Thomas H. Boswell, Thomas & Hinshaw, Culbertson, D. Kendall Griffith, Stephen R. Swofford, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Bruce L. Carmen, Hinshaw & Culbertson, Rockford, for Sundstrand-Sauer.

George M. Elsener, George M. Elsener & Associates, Chicago, amicus curiae.

John G. Garrity, P.C., Beckmire, Garrity & Vogt, Freeport, for Guardian Ad Litem.

Justice GEIGER delivered the opinion of the court:

The respondent estate (the estate) of William W. Scott, Jr. (Billy), appeals from the trial court's order awarding the claimant Sundstrand-Sauer (Sundstrand or the company) judgment on the subrogation provision of its Health and Disability Group Insurance Plan (the Plan). We affirm.

In March 1988, Billy, who was age 18, was seriously injured while riding as a passenger on a motorcycle. He was later declared...

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