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DYNAMIC SYSTEMS, INC. v. BOOZELL

No. 4-97-0538.

726 N.E.2d 1156 (2000)

312 Ill. App.3d 326

244 Ill.Dec. 845

DYNAMIC SYSTEMS, INC., Plaintiff-Appellant and Defendant-Appellant, v. Mark BOOZELL, Director of Insurance, Illinois Department of Insurance, et al., Defendants (Illinois Life and Health Insurance Guaranty Association, Defendant-Appellee and Plaintiff-Appellee.)

Appellate Court of Illinois, Fourth District.

Decided March 21, 2000.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, A. Benjamin Goldgar, Assistant Attorney General, Chicago, for Mark Boozell, Director of IL Dept. of Insurance.

Harvey M. Stephens (argued), Brown, Hay & Stephens, Springfield, Carol Connor Flowe, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, for Dynamic Systems, Inc.

Wm. Carlisle Herbert (argued), Robert C. Feldmeier, Bradford J. Axel, Hopkins & Sutter, Chicago, for Illinois Life & Health Ins. Guaranty Association.

Justice COOK delivered the opinion of the court:

This appeal involves application of the Illinois Life and Health Insurance Guaranty Association Law (Guaranty Law) (215 ILCS 5/531.01 et seq. (West 1992)). The Guaranty Law is based on the Life and Health Insurance Guaranty Association Model Act (Model Act) and its amendments (Nat'l Ass'n of Insurance Commissioners (hereinafter NAIC) Life and Health Insurance Guaranty Ass'n Model Act (Model Regulation Serv.,...

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