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ROBERTS v. NORTHLAND INS. CO.

No. 3-96-0872, 3-96-0914.

685 N.E.2d 371 (1997)

291 Ill. App.3d 727

226 Ill.Dec. 268

Kirk ROBERTS, Plaintiff-Appellee, v. NORTHLAND INSURANCE CO., Chicago Motor Club Insurance Co., Defendants-Appellants (Great West Casualty Co., Defendant.)

Appellate Court of Illinois, Third District.

August 29, 1997.

Attorney(s) appearing for the Case

Karen L. Kendall, Craig L. Unrath, argued, Heyl, Royster, Voelker & Allen, Peoria, John E. Kerley, Heyl, Royster, Voelker & Allen, Springfield, for Northland Ins. Co.

David E. Krchak, argued, Thomas, Mamer & Haughey, Champaign, for Chicago Motor Club Ins. Co.

Edward R. Durree, James P. Lawson, Kingery, Durree, Wakeman & Ryan, Peoria, for Kirk Roberts.

Justice MICHELA delivered the Opinion of the court:

In January 1996, plaintiff filed a declaratory judgment action in the circuit court of Peoria County. He sought a determination of the amount of set-off to be applied to underinsured motorist coverage in two separate insurance policies issued to him by Northland Insurance Co. (Northland) and Chicago Motor Club Insurance Co. (CMCI). In a consolidated appeal, the companies contend that the court erred in finding that...

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