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SWAN v. COUNTRY MUT. INS. CO.

No. 1-98-2588.

715 N.E.2d 688 (1999)

306 Ill. App.3d 958

240 Ill.Dec. 1

Thomas SWAN, Plaintiff-Appellant, v. COUNTRY MUTUAL INSURANCE CO., d/b/a Country Companies, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Nunc Pro Tunc June 9, 1999.

Attorney(s) appearing for the Case

Goldstein, Fluxgold, Plaza & McConnell, L.L.C. (Cindy G. Fluxgold, Bruce S. Kreisman, Edwin M. Plaza, of counsel), Chicago, for Appellant.

Kilgallon & Carlson (Keith G. Carlson, William J. Perry, of counsel), Chicago, for Appellee.

Justice BURKE delivered the opinion of the court:

Plaintiff Thomas Swan filed a declaratory judgment action against defendant Country Mutual Insurance Company, d/b/a Country Companies, seeking a determination of the rights and liabilities of the parties under the uninsured motorist coverage of his automobile liability policy. On defendant's motion, the circuit court dismissed plaintiff's first amended complaint with prejudice, based on the contractual provisions of...

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