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STATE FARM FIRE AND CAS. CO. v. LEVERTON

No. 4-96-0937.

683 N.E.2d 476 (1997)

289 Ill. App.3d 855

225 Ill.Dec. 308

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellee, v. George G. LEVERTON, as Father and Next Friend of Tiffany Nichole Leverton, and George Leverton, Individually, Defendant-Appellant, and Jeff Presswood, Defendant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied July 30, 1997.

Attorney(s) appearing for the Case

Steven G. Jones, Shay & Perbix, Decatur, for George G. Leverton.

Stephen W. Thomson, Richard J. Behr, Thomson & Behr, P.C., Edwardsville, for State Farm Fire and Casualty.

MODIFIED ON DENIAL OF REHEARING

Justice COOK delivered the opinion of the court:

In June 1994, the insured, Jeff Presswood, was convicted of the aggravated battery of George Leverton. In November 1994, Leverton filed a civil complaint against Presswood. The complaint contained counts alleging both battery and negligence. In August 1995, plaintiff State Farm Fire and Casualty Company (State Farm) filed a declaratory judgment action against Presswood and Leverton...

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