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STATE FARM v. BEST IN THE WEST FOODS, INC.

No. 1-94-2474.

667 N.E.2d 1340 (1996)

282 Ill. App.3d 470

217 Ill.Dec. 764

STATE FARM GENERAL INSURANCE COMPANY, Plaintiff and Counterdefendant-Appellee, v. BEST IN THE WEST FOODS, INC., NO. 2, d/b/a Super Buy Grocery, and Christos Stefos, Defendants and Counterplaintiffs-Appellants, and Frank J. Fakhouri, Odette F. Fakhouri, Demetrios Kametas, First National Bank of Evergreen Park, Joseph Westmoreland, Lucille Dye, Virginia Askew, Carl Askew, a minor, Renita Moore, Alfreda Ingram, Jessie Mae Dotson, Niesha Dotson, a minor, Linda Fleming, Elizabeth Hall, James Davis, Shirley Askew, and Andrew Askew, deceased, Defendants.

Appellate Court of Illinois, First District, Sixth Division.

June 28, 1996.

Attorney(s) appearing for the Case

Childress, Eshoo, Williams & Zdeb, Chicago (Michael Childress and Edward Eshoo, Jr., of counsel), for Appellants.

Frederick J. Sudekum, III, John C. Cassidy and Barbara Turotsy of Sudekum, Rosenberg & Cassidy, Chtd., Chicago, for Appellees.

Justice EGAN delivered the opinion of the court:

On July 4, 1988, at around noon, there was a natural gas explosion at a store operated by one of the defendants, Best in the West Foods, Inc., d/b/a Super Buy Grocery (Best Foods). Best Foods was an insured under a policy issued by the plaintiff, State Farm General Insurance Company (State Farm), for the period March 1, 1988, to March 1, 1989.

In January 1989, Best Foods provided State Farm with a proof of loss...

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