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PEKIN INS. CO. v. BENSON

No. 1-98-2645.

714 N.E.2d 559 (1999)

306 Ill. App.3d 367

239 Ill.Dec. 640

PEKIN INSURANCE COMPANY, Plaintiff-Appellant, v. Tammy BENSON, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

June 30, 1999.

Attorney(s) appearing for the Case

Pretzel & Stouffer, Chartered, Chicago (Robert Marc Chemers, Donald J. Kinwald and David S. Osbourne, of counsel), for Appellant.

Beermann, Swerdlove, Woloshin, Barezky, Becker, Genin & London, Chicago (Timothy M. Kelly, of counsel), Law Offices of Keith S. Shindler (Keith S. Shindler, of counsel) for Appellee.

Justice FROSSARD delivered the opinion of the court:

Defendant, Tammy Benson, an employee of Corvette Clinic, Inc. (Corvette), sought underinsured motorists benefits from an insurance policy that plaintiff Pekin Insurance Company issued to Corvette. Plaintiff denied coverage and brought this declaratory action.

After cross-motions for summary judgment, the trial court determined that defendant's vehicle was covered...

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