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KENNY v. ASSURANCE CO. OF AMERICA

No. 1-00-2739.

757 N.E.2d 596 (2001)

325 Ill. App.3d 904

258 Ill.Dec. 907

Dennis KENNY, Plaintiff-Appellee, v. ASSURANCE COMPANY OF AMERICA, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

September 18, 2001.

Attorney(s) appearing for the Case

McKenna, Storer, Rowe, White & Farrug (James P. DeNardo, Richard M. Clark, Kristin Dvorsky Tauras, of counsel), Chicago, for Appellant.

Pretzel & Stouffer, Chartered (Robert Marc Chemers, Andrew W. Witik, of counsel), Chicago, for Appellee.

Justice BURKE delivered the opinion of the court:

Defendant Assurance Company of America (Assurance) appeals from an order of the circuit court granting plaintiff Dennis Kenny's renewed motion for summary judgment and from an order vacating the trial court's prior grant of summary judgment to Assurance. On appeal, Assurance contends that the trial court erred in granting summary judgment in favor of Kenny because Kenny, by allowing entry of a dismissal order in a...

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