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JANES v. WESTERN STATES INS. CO.

No. 5-99-0763.

783 N.E.2d 37 (2001)

335 Ill. App.3d 1109

270 Ill.Dec. 462

Linda JANES, Individually and as Administrator of the Estate of Phillip Ernest Janes, Deceased, Plaintiff-Appellant and Cross-Appellee, v. WESTERN STATES INSURANCE COMPANY, Lee Hooker, Executor of the Estate of Charles R. Church, Deceased, and Lee Hooker, Executor of the Estate of Connie H. Church, Deceased, Defendants (Russell Harris, Administrator of the Estate of Jerry G. Harris, Deceased, Russell Harris, Administrator of the Estate of Cleo Harris, Deceased, Defendant-Appellee, and Transamerica Indemnity Company, a/k/a TIG Insurance Company, Defendant-Appellee and Cross-Appellant).

Appellate Court of Illinois, Fifth District.

August 31, 2001.

Attorney(s) appearing for the Case

Robert H. Howerton, Harris, Lambert, Howerton & Dorris, Marion, for Linda Janes.

Brad K. Bleyer, Marion, for Russell Harris, Adm. of the Estates of Jerry G. Harris, Deceased, and Cleo Harris, Deceased.

Michael J. Bedesky, Reed, Armstrong, Gorman, Mudge & Morrissey, P.C., Edwardsville, for Transamerica Indemnity Co. n/k/a TIG Insurance Co.

Edward J. Fisher, Nehrt, Sachtleben, Fisher & Kerkhover, Chester, for Lee Hooker, Executor of the Estates of Charles R. Church, Deceased, and Connie H. Church Deceased.

James B. Bleyer, Bleyer & Bleyer, Marion, for Western States Insurance Company.

Presiding Justice CHAPMAN delivered the opinion of the court:

Linda Janes (plaintiff), individually and as the administrator of the estate of Phillip Ernest Janes, filed a declaratory judgment action in the circuit court of Williamson County regarding her underinsured-motorist coverage through Transamerica Indemnity Company, also known as TIG Insurance Group (defendant). On cross-motions for summary judgment, the court entered judgment in part for plaintiff and in...

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