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ABRELL v. EMPLOYERS INS. OF WAUSAU

No. 3-02-0874.

796 N.E.2d 643 (2003)

343 Ill. App.3d 260

277 Ill.Dec. 557

Arla ABRELL, Plaintiff-Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company, Defendant-Appellee.

Appellate Court of Illinois, Third District.

August 27, 2003.

Attorney(s) appearing for the Case

Philip M. O'Donnell (argued), Kingery, Durree, Wakeman & Ryan, Assoc., Peoria, for Aria Abrell.

Karen L. Kendall (argued), Gary D. Nelson, Heyl, Royster, Voelker & Allen, Peoria, for Employers Insurance of Wausau.

Justice LYTTON delivered the opinion of the court:

Arla Abrell filed a complaint against Employers Insurance of Wausau ("Wausau") seeking a declaration that she was covered under a Wausau commercial automobile insurance policy for an accident in which she was injured. After a bench trial, the trial judge ruled that Abrell was not covered under the terms of the policy because she was not "occupying" the motor vehicle at the time of the accident. We reverse and remand...

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