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COUNTRY MUT. INS. CO. v. BIRNER

No. 3-97-0139.

688 N.E.2d 859 (1997)

293 Ill. App.3d 452

228 Ill.Dec. 161

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Donald BIRNER and American Family Mutual Insurance Company, Defendants-Appellees.

Appellate Court of Illinois, Third District.

December 17, 1997.

Attorney(s) appearing for the Case

Robert H. Jennetten, Michael J. Holt (argued), Quinn, Johnston, Henderson & Pretorius, Chtd., Peoria, for County Mut. Ins. Co.

Donald K. Birner (argued), Thomas & Birner, Pekin, for Donald Birner.

Kevin M. Miller, Hinshaw & Culbertson, Peoria, Stephen R. Swofford, Christine L. Olson, Bruce Carmen (argued), Hinshaw & Culbertson, Chicago, for American Mut. Ins. Co.

Presiding Justice LYTTON delivered the opinion of the court:

Attorney Donald Birner filed a personal injury suit on behalf of his client, Teresa Perrine, and subsequently obtained a settlement from the tortfeasor's insurance carrier, American Family Mutual Insurance Company. The settlement included payment of the full amount due to Perrine's insurance company, Country Mutual Insurance Company, as subrogee. Country Mutual refused to pay Birner for his services. Birner...

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