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STATE FARM MUT. AUTO. v. HERTZ CLAIM MAN.

No. 5-01-0694.

789 N.E.2d 407 (2003)

338 Ill. App.3d 712

273 Ill.Dec. 507

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellant, v. HERTZ CLAIM MANAGEMENT CORPORATION and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

April 29, 2003.

Attorney(s) appearing for the Case

John W. Leskera, Dunham, Boman & Leskera, Collinsville; Robert D. Francis, Edwardsville, for Appellant.

Gregory J. Minana, R. Prescott Sifton, Jr., Blackwell, Sanders, Peper, Martin, LLP, Edwardsville, for Appellees.

Justice CHAPMAN delivered the opinion of the court:

The plaintiff's insured was involved in a motor vehicle accident while driving a rental vehicle insured by the defendants, which resulted in a claim against the driver for injuries and property damage sustained by another driver. The plaintiff sought a declaratory judgment that the defendants' coverage for liability stemming from the accident was primary while the plaintiff's was secondary. The trial court awarded...

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