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HEALTH COST CONTROLS v. SEVILLA

No. 1-98-1695.

718 N.E.2d 558 (1999)

307 Ill. App.3d 582

240 Ill.Dec. 925

HEALTH COST CONTROLS, Plaintiff and Counterdefendant-Appellee, v. Richard SEVILLA and Edward M. Burnes, Defendants and Counterplaintiffs-Appellants and Third-Party Plaintiffs-Appellants (Health Cost Controls of America, Inc., and Continental Assurance Company, Third-Party Defendants-Appellees).

Appellate Court of Illinois, First District, Fifth Division.

August 27, 1999.

Attorney(s) appearing for the Case

Clinton A. Krislov, Jonathan Nachsin of Krislov & Associates, Ltd., Edward M. Burnes, Chicago, for Defendants and Counterplaintiffs-Appellants and Third-Party Plaintiffs-Appellants Richard Sevilla and Edward M. Barnes.

David A. Belofsky, Douglas M. Belofsky, Lance R. Minor of Belofsky & Belofsky, P.C., Chicago, for Plaintiff and Counterdefendant-Appellee and Third-Party Defendants-Appellees Health Cost Controls, Health Cost Controls of America, Inc., and Continental Assurance company.

Justice GREIMAN delivered the opinion of the court:

Plaintiff Health Cost Controls (HCC) filed a complaint against defendants Richard Sevilla and Edward M. Burnes, the attorney for Sevilla, in the circuit court of Cook County, seeking to recover reimbursement and repayment of medical benefits paid to Sevilla from the settlement that Sevilla obtained from a third-party tortfeasor as a result of an automobile accident. In turn, defendants Sevilla and Burnes filed a...

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