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MID-AMERICA BANK & TRUST CO. v. COMMERCIAL UNION INS. CO.

No. 5-90-0082.

587 N.E.2d 81 (1992)

224 Ill. App.3d 1083

167 Ill.Dec. 199

MID-AMERICA BANK & TRUST CO., Administrator of the Estate of David Struempf, a Disabled Adult, Plaintiff-Appellee, v. COMMERCIAL UNION INSURANCE COMPANY, a Corporation, Defendant and Third-Party Plaintiff-Appellant and Separate Appellee Evelyn K. Almeter, Executrix of the Estate of James K. Almeter, Deceased, Third-Party Defendant-Separate Appellant.

Appellate Court of Illinois, Fifth District.

February 14, 1992.

Attorney(s) appearing for the Case

Michael J. Pitzer, John J. Hartung, Anne M. Oldenburg, Brown, James & Rabbitt, P.C., St. Louis, Mo., for Commercial Union Ins. Co.

Allan M. Goodloe, Jr., Daryl G. Clarida, Thompson & Mitchell, Belleville, for Estate of James K. Almeter.

Edward J. Kionka, Carbondale, Jerald J. Bonifield, Belleville, G. Patrick Murphy, Winters, Brewster, Murphy, Crosby & Patchett, Marion, for Mid-America Bank.

Justice HOWERTON delivered the opinion of the court.

This is an appeal of a verdict against an insurance company in a case brought for negligence and for bad faith in refusing to settle a claim within the policy limits.

A truck hit a 13-year-old boy; he suffered brain damage. The truck was insured by Commercial Union under a policy that had limits of $50,000 per person and $100,000 per occurrence. Plaintiff's attorney sent a letter offering to settle for the...

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