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ATLANTIC MUT. INS. CO. v. PAYTON

No. 1-95-2424.

682 N.E.2d 1144 (1997)

289 Ill. App.3d 866

225 Ill.Dec. 67

ATLANTIC MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Phallon PAYTON, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

June 30, 1997.

Attorney(s) appearing for the Case

Karlin and Fleisher, Chicago (Charles E. Tennen, Of Counsel), David A. Novoselsky & Assoc., Chicago (David A. Novoselsky, Margarita Kulys, Of Counsel), for Defendant-Appellant.

Clausen Miller, P.C., Chicago (James T. Ferrini, Lisa Marco Kaouba, Mark D. Paulson, Of Counsel), for Plaintiff-Appellee.

Justice CERDA delivered the opinion of the court:

This appeal involves a claim for uninsured motorist benefits. Phallon Payton, defendant in this declaratory judgment action, was injured while riding as a passenger in a van owned by his employer and driven by a co-employee. Defendant received workers' compensation benefits. Defendant then made a claim for uninsured motorist benefits under a policy issued by plaintiff, Atlantic Mutual Insurance Company, to defendant...

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