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MITCHELL v. STATE FARM FIRE & CAS. CO.

No. 4-03-0045.

796 N.E.2d 617 (2003)

343 Ill. App.3d 281

277 Ill.Dec. 531

Bruce MITCHELL and Deborah Mitchell, Plaintiffs-Appellants, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

As Modified upon Denial of Rehearing September 26, 2003.

Attorney(s) appearing for the Case

Jason A. Cannell, Koth & Cannell, P.C., Bloomington, for Bruce Mitchell.

John A. Beyer, Brian M. Gabor, Satter, Beyer, Bertram & Gabor, Pontiac, for State Farm Fire & Casualty Company.

MODIFIED UPON DENIAL OF REHEARING

Justice COOK delivered the opinion of the court:

Plaintiffs, Bruce and Deborah Mitchell, filed suit against defendant, State Farm Fire and Casualty Company, to compel defendant to provide coverage pursuant to an insurance policy. Defendant moved to dismiss on the basis that plaintiffs' suit was barred by a one-year limitations period found in the insurance policy. The trial court granted defendant's motion to dismiss, and...

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