MORRIS v. AUTO-OWNERS INS. CO.

No. 4-92-0540.

606 N.E.2d 1299 (1993)

239 Ill. App.3d 500

180 Ill.Dec. 222

Kenneth MORRIS and Joyce Morris, a Co-Partnership, d/b/a Pla-Mor Lanes, Plaintiffs-Appellees, v. AUTO-OWNERS INSURANCE COMPANY, a Corporation, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied February 10, 1993.


Attorney(s) appearing for the Case

Karen L. Kendall (argued), Duncan B. Cooper, III, David A. Perkins, Heyl, Royster, Voelker & Allen, Peoria, for defendant-appellant.

Gordon R. Stipp, (argued), Nelson & Stipp Professional Corp., Hoopeston, for plaintiffs-appellees.


Justice LUND delivered the opinion of the court:

Defendant appeals from an order of the circuit court of Vermilion County awarding attorney fees and penalties in an action to recover under an insurance policy for damages to a bowling alley destroyed by fire. The insurer, defendant Auto-Owners Insurance Company, refused to pay plaintiffs under the policy, claiming they had violated the policy terms by fraud, false swearing, misrepresentation made during the claim investigation...

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