FARMERS AUTO. INS. ASS'N v. GITELSON

No. 1-02-1023.

801 N.E.2d 1064 (2003)

344 Ill. App.3d 888

280 Ill.Dec. 119

FARMERS AUTOMOBILE INSURANCE ASSOCIATION, Plaintiff-Appellant, v. Susan GITELSON, Not Individually but as the Special Adm'r of the Estate of Susan Spelman, Deceased, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

Nunc Pro Tunc September 30, 2003.


Attorney(s) appearing for the Case

Pretzel & Stouffer, Chartered, Chicago (Robert Marc Chemers and Daniel G. Wills, of counsel), for Appellant.

Corboy & Demetrio, P.C., Chicago (Shawn S. Kasserman and Daniel S. Kirschner, of counsel), for Appellee.


Justice CAHILL delivered the opinion of the court:

We consider whether the trial court's finding that defendant was entitled to underinsured motorists coverage under plaintiff's automobile insurance policy is against the manifest weight of the evidence. We find that it is and reverse.

Susan Spelman was killed in a car accident on August 7, 1991, in Illinois. On the date of the accident, Susan was living in an apartment she had leased in Elmhurst and had a...

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