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BENGE v. STATE FARM MUT. AUTO. INS. CO.

No. 1-97-3785.

697 N.E.2d 914 (1998)

297 Ill. App.3d 1062

232 Ill.Dec. 172

Charles BENGE, individually and on behalf of all persons similarly situated, and James J. Convery, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

June 30, 1998.

Attorney(s) appearing for the Case

Daar, Fisher, Kanaris & Vanek, Chicago (Joseph M. Vanek, of counsel), for Plaintiffs-Appellants.

Schiff, Hardin & Waite, Chicago (Marci A. Eisenstein, William E. Meyer, Jr. and John C. Martin, of counsel), for Defendant-Appellee.

Presiding Justice HOFFMAN delivered the opinion of the court:

The plaintiffs, Charles Benge and James J. Convery, individually and on behalf of all persons similarly situated, appeal from the trial court's dismissal of their second amended class action complaint for breach of contract against the defendant, State Farm Mutual Automobile Insurance Company. For the reasons which follow, we affirm.

On May 30, 1997, the plaintiffs filed a second amended class action...

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