CENTURY NAT. INS. CO. v. TRACY

Nos. 2-99-1257, 2-99-1289.

737 N.E.2d 353 (2000)

316 Ill. App.3d 639

249 Ill.Dec. 963

CENTURY NATIONAL INSURANCE COMPANY, Plaintiff-Appellant, v. James Joseph TRACY, Debra Tracy, and CMDK Development Corporation, Defendants and Petitioners-Appellees (Daniel G. Suber, Indiv. and d/b/a Daniel G. Suber and Associates, Respondent-Appellant). Century-National Insurance Company, Plaintiff-Appellant, v. James Joseph Tracy, Debra Tracy, and CMDK Development Corporation, Defendants-Appellees.

Appellate Court of Illinois, Second District.

October 6, 2000.


Attorney(s) appearing for the Case

John J. Foley, Maurides & Foley, L.L.C., and Daniel G. Suber and Sean R. Gannon, Daniel G. Suber & Associates, Chicago, for appellants.

Peter R. Vogel, Vogel & Vogel, Wheaton, for appellee James Joseph Tracy.


Justice GALASSO delivered the opinion of the court:

Plaintiff, Century-National Insurance Company (Century), brought a declaratory action against defendants, James Joseph Tracy (James), Debra Tracy (Debra), and CMDK Development Corporation (CMDK), alleging that James was not entitled to underinsured motorist benefits under a policy issued to CMDK. Century appeals from a directed finding entered by the trial court at the conclusion of Century's case and the award of...

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