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WANCHO v. COUNTRY MUT. INS. CO.

No. 2-95-0514.

657 N.E.2d 40 (1995)

275 Ill.App.3d 936

212 Ill.Dec. 345

Donald WANCHO, Plaintiff-Appellant, v. COUNTRY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

October 23, 1995.

Attorney(s) appearing for the Case

Aram A. Hartunian, Aram A. Hartunian & Associates, Chicago, Richard I. Levin, Pekin & Levin, Chicago, for Donald Wancho.

D. Kendall Griffith, Bruce L. Carmen, Hinshaw & Culbertson, Chicago, Keith G. Carlson, Kilgallon, Carlson & Simkus, Chicago, for Country Mutual Insurance Company.

Justice GEIGER delivered the opinion of the court:

The plaintiff, Donald Wancho, appeals the dismissal of his complaint for declaratory judgment against the defendant, Country Mutual Insurance Company. At issue on appeal is whether a limitations provision contained in the underinsured motorist coverage issued by the defendant barring any suit, action, or arbitration "unless commenced within two years after the date of the accident" is unenforceable as against Illinois...

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