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GARCIA v. LOVELLETTE

No. 2-93-0531.

639 N.E.2d 935 (1994)

265 Ill.App.3d 724

203 Ill.Dec. 376

Michelle M. GARCIA, Plaintiff-Appellant, v. Andrea LOVELLETTE, Defendant (Aaron Tovar, Plaintiff; Horace Mann Insurance Company et al., Defendants-Appellees).

Appellate Court of Illinois, Second District.

August 23, 1994.

Attorney(s) appearing for the Case

John R. Weinold, Deborah J. Allen, John R. Weinold and Associates, Ltd., Aurora, for Michelle M. Garcia, Aaron Tovar.

Jerome A. Vinkler, Connelly, Mustes & Schroeder, Geneva, for Andrea Lovellette.

James T. Ferrini, Imelda Terrazino, Dominick W. Savaiano, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Paul Bozych, Clausen, Miller & Gorman, Chicago, for Horace Mann Ins. Co., Gerald Shannon.

Justice McLAREN delivered the opinion of the court:

Plaintiff, Michelle M. Garcia, appeals following the circuit court's denial of her motion to reconsider the dismissal with prejudice of counts III and IV of her amended complaint which sought statutory penalties for the unreasonable and vexatious delay of defendant's insurer, Horace Mann Insurance Company (insurer) and its agent-adjuster, Gerald Shannon (agent), in paying her medical expenses. We reverse and remand...

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