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BAILEY v. STATE FARM FIRE & CAS. CO.

No. 4-90-0036.

567 N.E.2d 712 (1991)

208 Ill. App.3d 964

153 Ill.Dec. 754

Grace S. BAILEY, Individually and as Executrix of the Estate of Weldon J. Bailey, deceased, Plaintiff-Appellee, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied March 21, 1991.

Attorney(s) appearing for the Case

Stephen W. Thomson, Curtis L. Blood, Reed, Armstrong, Gorman, Coffey, Thomson, Gilbert & Mudges, P.C., Edwardsville, for defendant-appellant.

Evan A. Strawn, Bloomington, for plaintiff-appellee.

Justice KNECHT delivered the opinion of the court:

Plaintiff Grace Bailey, individually and as executrix of the estate of her deceased husband, Weldon Bailey, brought this action for declaratory judgment regarding the amount of insurance coverage available under the terms of an excess insurance policy issued by defendant insurance company. Defendant filed a motion to dismiss this cause as barred by a prior judgment (Ill.Rev.Stat.1987, ch. 110, par. 2-619(a)(4)) or...

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