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LINCOLN TOWERS INS. AGENCY, INC. v. BOOZELL

No. 1-95-4139.

684 N.E.2d 900 (1997)

291 Ill. App.3d 965

225 Ill.Dec. 909

LINCOLN TOWERS INSURANCE AGENCY, INC., individually and as Representative of all persons similarly situated, Plaintiffs-Appellees, v. Mark BOOZELL, as Liquidator of State Security Insurance Company, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

August 22, 1997.

Attorney(s) appearing for the Case

Steven J. Teplinsky, James R. Latta, Fagel & Haber, Chicago, Peter Gallanis, Special Deputy Receiver, Anita Msall, Counsel to the Receiver, Chicago, for Defendant-Appellant.

Beermann, Swerdlove, Woloshin, Barezky, Becker, Genin & London, Chicago (Alvin R. Becker, Christopher A. White, of counsel), for Plaintiffs-Appellees.

Justice ZWICK delivered the opinion of the court:

This action was brought by plaintiff, Lincoln Towers Insurance Agency, Inc., on behalf of itself and other similarly situated insurance producers for State Security Insurance Company, an insurance company in liquidation. Plaintiffs sought a declaration of their right to set off claims against the insolvent insurer for commissions against premiums due the insolvent company. In addition, plaintiffs challenged the liquidator...

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