WESTERN STATES INS. CO. v. WELLER

No. 4-98-0243

701 N.E.2d 542 (1998)

299 Ill. App.3d 317

233 Ill.Dec. 692

WESTERN STATES INSURANCE COMPANY, Plaintiff and Counter-Defendant-Appellee, v. Lucas D. WELLER and Catherine S. Dillard, Defendants (Mary A. Marshall, Defendant and Counter-Plaintiff-Appellant).

Appellate Court of Illinois, Fourth District.

Decided September 30, 1998.


Attorney(s) appearing for the Case

Mark S. Atterberry (argued), Holley Law Office, Springfield, for Mary A. Marshall.

Barbara B. Collins (argued), Springfield, for Western States Ins. Co.


Justice COOK delivered the opinion of the court:

Mary A. Marshall appeals a March 25, 1998, declaratory judgment order finding there was no coverage under an automobile liability policy because the insured had violated the policy's cooperation clause. We vacate that order because the trial court entered a final order of declaratory judgment on July 24, 1996, and the subsequent order was of no effect.

On August 16, 1993, Marshall was the driver of a vehicle...

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