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AUTO OWNERS INS. v. BERKSHIRE

No. 2-91-0579.

588 N.E.2d 1230 (1992)

225 Ill. App.3d 695

167 Ill.Dec. 1100

AUTO OWNERS INSURANCE, as Subrogee of Daniel Jansen, Plaintiff-Appellee, v. Leon BERKSHIRE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 7, 1992.

Attorney(s) appearing for the Case

Mary P. Gorman, O'Brien, Healy, Wade & Gorman, for Leon Berkshire.

Richard M. Butera, Barrick, Switzer, Long, Balsely & Van Evera, Rockford, for Auto Owners Ins.

Justice UNVERZAGT delivered the opinion of the court:

Defendant, Leon Berkshire, appeals the order of the circuit court granting the motion of plaintiff, Auto Owners Insurance, the subrogee of its insured party, Daniel Jensen, for an order of turnover of certain funds held by First Federal Savings and Loan Association of Rockford (First Federal). The issue on appeal is whether the funds deposited in a checking account are exempt from execution because they are traceable...

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