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UNIVERSAL UNDERWRITERS GROUP v. PIERSON

No. 1-01-2818.

787 N.E.2d 296 (2003)

337 Ill. App.3d 893

272 Ill.Dec. 481

UNIVERSAL UNDERWRITERS GROUP, Subrogee of Benoy Motor Sales, Plaintiff-Appellee, v. Catherine M. PIERSON, Defendant-Appellant (Catherine M. Pierson and American National Property and Casualty Company, Counterplaintiffs-Appellants; Universal Underwriters Group, as Subrogee of Benoy Motor Sales, and Benoy Motor Sales, Counterdefendants-Appellees).

Appellate Court of Illinois, First District, First Division.

March 17, 2003.

Attorney(s) appearing for the Case

Jump & Associates, P.C., Chicago (R. Howard Jump and Mei Chan, of counsel), for Appellants.

Judge, James & Kujawa, Ltd., Park Ridge (Jay S. Judge, of counsel), for Appellees.

Justice McNULTY delivered the opinion of the court:

When an auto dealer allows a customer to drive one of its vehicles and an accident results, Illinois law clearly provides that the dealer's insurer must cover damages inflicted on third parties, notwithstanding any policy language to the contrary. The parties to the instant appeal ask us to decide whether applicable statutory and contractual principles require the dealer's insurer to defend and indemnify the driver...

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