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WESTERN STATES INS. CO. v. ZSCHAU

No. 3-97-0697.

698 N.E.2d 198 (1998)

298 Ill. App.3d 214

232 Ill.Dec. 360

WESTERN STATES INSURANCE COMPANY, Plaintiff and Counterdefendant-Appellee, v. Paul ZSCHAU, et al., Defendants and Counterplaintiffs-Appellants.

Appellate Court of Illinois, Second District.

July 20, 1998.

Attorney(s) appearing for the Case

Curt N. Rodin, Mark C. Murnane, Anesi, Oxmon, Rodin, Novak & Kohen, Ltd., Chicago, for Nancy Zschau, Paul Zschau and Peter Zschau.

Esther Joy Schwartz, J. Robert Hall, Donald E. Stellato, Stellato & Schwartz, Ltd., Chicago, for Western States Ins. Co.

Presiding Justice GEIGER delivered the opinion of the court:

The defendants-counterplaintiffs, Paul Zschau, Nancy Zschau, and Peter Zschau, appeal from the August 20, 1997, order of the circuit court of Du Page County granting summary judgment in favor of the plaintiff-counterdefendant, Western States Insurance Company (Western), on its complaint for declaratory judgment. The trial court found that Western was not obligated to pay the Zschaus underinsured motorist...

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