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ALLSTATE INS. CO. v. HUTCHESON

No. 5-91-0372.

596 N.E.2d 1357 (1992)

231 Ill. App.3d 973

173 Ill.Dec. 478

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Roy D. HUTCHESON and Martha Creasy, Defendants-Appellants (American States Insurance Company, Intervening Counter-plaintiff-Appellant, v. Allstate Insurance Company, Counter-defendant-Appellee) and (Roy D. Hutcheson and American States Insurance Company, Third-Party Plaintiffs-Appellants, v. General Casualty Company of Illinois, Third-Party Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

July 29, 1992.

Attorney(s) appearing for the Case

Brian P. McGarry, Marion, for Roy Hutcheson and American States Ins. Co.

Donald R. Brandon, Herrin and J.C. Mitchell, Mitchell & Armstrong, Marion, for Martha Cressy—adopted brief of Roy Hutcheson and American States Ins. Co.

Fowler & Novick, Marion, for Gen. Cas. Co. of Illinois.

Brad K. Bleyer, Bleyer and Bleyer, Marion, for Allstate Ins. Co.

Justice WELCH delivered the opinion of the court:

On August 16, 1988, Roy D. Hutcheson, while driving an automobile owned by Virginia York, the mother of his girl friend, collided with another automobile. Injured in the collision was Martha Cressy, an occupant of the other car involved, who, in a separate action, sued Hutcheson for the injuries sustained. At the time of the accident, Hutcheson owned and operated an automobile service station, and he was there engaged...

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