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WESTERN STATES INS. v. OLIVERO & ASSOC.

No. 3-96-0170.

670 N.E.2d 333 (1996)

283 Ill. App.3d 307

218 Ill.Dec. 836

WESTERN STATES INSURANCE COMPANY, Plaintiff-Appellant, v. LOUIS E. OLIVERO & ASSOCIATES and David W. Olivero, Defendants-Appellees.

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing October 2, 1996.

Attorney(s) appearing for the Case

Sheryl H. Kuzma (argued), Myers, Daugherity, Berry & O'Conor, Ltd., Ottawa, for Western States Insurance Company.

Louis E. Olivero and Larry E. Sittler (argued) Louis E. Olivero & Associates, Peru, for Louis E. Olivero, David W. Olivero.

Presiding Justice BRESLIN delivered the opinion of the court:

The plaintiff, Western States Insurance Company (Western States), filed the instant case against the defendants, Louis E. Olivero & Associates and David Olivero, alleging that they wrongfully refused to satisfy Western States' claim for subrogation out of the proceeds of a settlement in a personal injury case. The trial court granted the defendants' motion for summary judgment. We hold that Western...

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