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LEE v. JOHN DEERE INS. CO.

No. 95337.

802 N.E.2d 774 (2003)

208 Ill.2d 38

280 Ill.Dec. 523

Vuong Y. LEE, Special Adm'r of the Estate of Tak Kwon Lee, Deceased, Appellant, v. JOHN DEERE INSURANCE COMPANY, n/k/a Sentry Select Insurance Company, et al. (John Deere Insurance Company, Appellee).

Supreme Court of Illinois.

December 4, 2003.

Attorney(s) appearing for the Case

Michael w. Rathsack, Chicago (Michael R. Richmond, of counsel), for appellant.

Danny L. Worker, Stephen R. Vedova and Mary F. Sitko, of Worker, Sitko & Hoffman, L.L.C., Chicago, for appellee.

William T. Barker, of Sonnenschein, Nath & Rosenthal, Chicago, for amicus curiae National Association of Independent Insurers.

Justice KILBRIDE delivered the opinion of the court:

In this case we must decide whether the failure of an insurance company to comply strictly with the statutory requirement that it provide a space in its motor vehicle coverage application form for the applicant to sign or initial indicating a decision to reject uninsured-motorist coverage operates to impose underinsured-motorist coverage in an amount equal to the bodily injury liability limits. In a declaratory...

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