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PEKIN INS. CO. v. ESTATE OF GOBEN

No. 5-98-0189.

707 N.E.2d 1259 (1999)

303 Ill. App.3d 639

236 Ill.Dec. 689

PEKIN INSURANCE COMPANY, Plaintiff-Appellant, v. ESTATE OF Robin M. GOBEN, Deceased, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

March 9, 1999.

Attorney(s) appearing for the Case

Robert Marc Chemers, Patrick G. Cooke, Pretzel & Stouffer, Chartered, Chicago, for Appellant.

Thomas J. Foster, Jelliffe, Ferrell, Morris, Doerge & Harrisburg, for Appellee.

Justice MAAG delivered the opinion of the court:

The plaintiff, Pekin Insurance Company (Pekin), filed a complaint for declaratory judgment against the defendant, the estate of Robin M. Goben, deceased, (Estate), seeking a declaration that Robin did not qualify as an insured under the automobile liability policy issued to the partnership of Gary Whitlock and Frank Goben, doing business as Freedom Heating & Air Conditioning. Company (the Company). The trial court...

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