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AM. STATES INS. CO. v. GAWLICKI & HUSSEY, INC.

No. 3-91-0679.

596 N.E.2d 720 (1992)

231 Ill. App.3d 199

173 Ill.Dec. 96

AMERICAN STATES INSURANCE COMPANY, Plaintiff-Appellee, v. GAWLICKI & HUSSEY, INC., Frank Gawlicki, Defendants, and Richard Dolan, as Administrator of the Estate of Ann Dolan, Deceased, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied August 10, 1992.

Attorney(s) appearing for the Case

Jerome E. Boyle, Alvin W. Block & Associates, Chicago, for Richard Dolan.

John P. McTigue, John C. Bartler, McKenna, Storer, Rowe, White & Farrug, Wheaton, for American States Ins. Co.

Justice GORMAN delivered the opinion of the court:

This action was brought by plaintiff American States Insurance Company for a declaratory judgment that a van driven by an employee of defendant Gawlicki and Hussey Inc. was a "non-owned" vehicle under defendant's policy. The trial court granted plaintiff's motion for summary judgment. We reverse and remand.

From the pleadings, depositions, and affidavits, the following...

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