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PHELAN v. KEISER

No. 5-99-0470.

727 N.E.2d 390 (2000)

312 Ill. App.3d 573

245 Ill.Dec. 137

James T. PHELAN and Betty L. Phelan, Plaintiffs-Appellants, v. Jeffrey R. KEISER, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

March 24, 2000.

Attorney(s) appearing for the Case

Timothy F. Campbell, Timothy A. Brinkley, Godfrey, for Appellants.

Anthony L. Martin, Walker & Williams, P.C., Belleville, for Appellee.

Justice CHAPMAN delivered the opinion of the court:

James and Betty Phelan were injured in an automobile accident on November 22, 1996, and filed a personal injury action on December 3, 1998. Defendant, Jeffrey Keiser, moved to dismiss the suit because it was filed 11 days after the statute of limitations ran. The Phelans' opposition to the motion to dismiss was based on the conduct of defendant's liability insurer, Madison Mutual Insurance Company (Madison Mutual...

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