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STATE FARM MUT. AUTO. INS. CO. v. SMITH

No. 90388.

757 N.E.2d 881 (2001)

197 Ill.2d 369

259 Ill.Dec. 18

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Ruby SMITH et al. (Jeremy Fisher et al., Appellees).

Supreme Court of Illinois.

September 20, 2001.

Attorney(s) appearing for the Case

Frank C. Stevens and John R. Adams, of Taylor, Miller, Sprowl, Hoffnagle & Merletti, Chicago, for appellant.

Francis P. Kasbohm, of Fraterrigo, Beranek, Feiereisel & Kasbohm, of Chicago, for appellees.

Justice McMORROW delivered the opinion of the court:

The primary issue in this appeal is whether, in an automobile liability insurance policy, an "automobile business exclusion" violates the public policy of Illinois.

BACKGROUND

On September 21, 1995, Maurice Barnes, accompanied by Ruby Smith, drove his vehicle to Harrah's Casino Cruises—Joliet (Harrah's). Barnes gave his vehicle to the valet service at Harrah's for parking. When Barnes and...

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