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GOLDEN RULE INS. CO. v. ELTON

No. 3-01-0569.

766 N.E.2d 269 (2002)

328 Ill. App.3d 444

262 Ill.Dec. 649

GOLDEN RULE INSURANCE CO., Plaintiff-Appellee, v. Frank ELTON and Deborah Elton, Defendants (Deborah Ebner, as Trustee of the Bankruptcy Estate of Frank and Deborah Elton, Real Party in Interest, Defendant-Appellant).

Appellate Court of Illinois, Third District.

March 5, 2002.

Attorney(s) appearing for the Case

Matthew M. Garrett (argued), Douglas L. Prochnow, Wildman, Harrold, Allen & Dixon, Chicago, for Deborah Ebner.

David Anderson (argued), Anderson & Associates, Indianapolis, IN, Carl R. Buck (argued), Rathbun, Cservenyak & Kozol, LLC, Joliet, for Golden Rule Insurance Company.

Justice BRESLIN delivered the opinion of the court.

This declaratory judgment action was brought by plaintiff Golden Rule Insurance Co. against defendants Frank and Deborah Elton after Golden denied coverage of Deborah's medical claims. After the Eltons filed a counterclaim against Golden seeking payment of Deborah's medical bills, the trial court dismissed the counterclaim on the basis that the Eltons lacked standing. The Eltons moved to vacate the dismissal; thereafter...

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