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SMITH v. UNION AUTO. INDEM. CO.

No. 2-00-0936.

752 N.E.2d 1261 (2001)

323 Ill. App.3d 741

257 Ill.Dec. 81

Warren D. SMITH and Joyce M. Smith, Plaintiffs-Appellants, v. UNION AUTOMOBILE INDEMNITY COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied August 17, 2001.

Attorney(s) appearing for the Case

Daniel W. Smith, Jenner & Block, Chicago, for Joyce M. Smith, Warren D. Smith.

Dean M. Athans, Brian J. Dusek, McBreen, Kopko, McKay & Nora, Chicago, for Union Automobile Indemnity Co.

Justice BOWMAN delivered the opinion of the court:

Plaintiffs, Warren and Joyce Smith, filed suit against defendant, Union Automobile Indemnity Company (Union), following Union's denial of a claim plaintiffs submitted under their homeowner's policy. The circuit court of Kane County granted summary judgment in Union's favor. Plaintiffs appeal, arguing that the trial court (1) should have denied Union's motion for summary judgment and granted plaintiffs' cross-motion...

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