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SMAGALA v. OWEN

No. 1-97-4069.

717 N.E.2d 491 (1999)

307 Ill. App.3d 213

240 Ill.Dec. 398

Stanley SMAGALA, Plaintiff-Appellant, v. Colin OWEN, Indiv. and as Representative of Those Underwriters at Lloyd's, London Subscribing to Policy No. PFS888/92/5214, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

August 20, 1999.

Attorney(s) appearing for the Case

Torshen, Spreyer, Garmisa & Slobig, Ltd., Chicago (Jerome H. Torshen and Steven P. Garmisa of counsel) and Morrison, Mahoney & Miller, Boston, MA (Rita B. Gylys of counsel), for Appellant.

Peter R. Coladarci, Ltd., Chicago (Patrick J. Doherty of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

Plaintiff, Stanley Smagala, brought this breach of contract action against defendant, Colin Owen, individually and as a representative of Lloyd's of London Insurance Co. (Lloyd's), seeking to recover under the personal accident insurance policy plaintiff purchased from Lloyd's. Defendant filed a motion to dismiss pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1996)), which the trial...

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