ALLEN v. STATE FARM MUT. AUTO. INS. CO.

No. 1-89-3087.

574 N.E.2d 55 (1991)

214 Ill. App.3d 729

158 Ill.Dec. 261

Fannie ALLEN, as Administrator of the Estate of James Allen, Deceased, Plaintiff-Appellant and Cross-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant, Counter-plaintiff, and Counter-defendant-Appellee and Cross-Appellant (James Lee Allen, Defendant, Counterdefendant, and Counter-plaintiff).

Appellate Court of Illinois, First District, Third Division.

May 15, 1991.


Attorney(s) appearing for the Case

Topper and Weiss Ltd., Chicago (Barry Weiss, of counsel), for plaintiff-appellant and cross-appellee.

Taylor, Miller, Sprowl, Hoffnagle and Merletti, Chicago (Frank C. Stevens, James J. Hoffnagle, of counsel), for defendant, counter-plaintiff, and counter-defendant-appellee and cross-appellant.


Justice WHITE delivered the opinion of the court:

This appeal is from declaratory judgment for defendant State Farm Mutual Automobile Insurance Company (State Farm) in an action on a policy. The underlying dispute concerns an Arkansas collision, in which an insured Indiana passenger is alleged to have been fatally injured in his own car while his adult Illinois son was driving. We affirm.

I. FACTS

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