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GUILLEN EX REL. GUILLEN v. POTOMAC INS. CO.

No. 92056.

785 N.E.2d 1 (2003)

203 Ill.2d 141

271 Ill.Dec. 350

Denise GUILLEN, a Minor, by Suamy GUILLEN, Her Father and Next Friend, Appellee, v. POTOMAC INSURANCE COMPANY OF ILLINOIS, Appellant.

Supreme Court of Illinois.

January 24, 2003.

Attorney(s) appearing for the Case

Thomas M. Crisham, John P. O'Malley and David M. Jenkins, of Crisham & Kubes, Ltd., Chicago, for appellant.

Anthony C. Valiulis and William Macy Aguiar, of Much, Shelist, Freed, Denenberg, Ament & Rubenstein, P.C., Chicago, for appellee.

Hugh C. Griffin, Thomas W. Jenkins and Stevie A. Starnes, of Lord, Bissell & Brook, Chicago (Craig A. Berrington, Washington, D.C., of counsel), for amici curiae The National Association of Independent Insurers and The American Insurance Association.

Chief Justice McMORROW delivered the opinion of the court:

Two principal issues are presented in this case: (1) whether an insurer who mails notice to its insured of a material change in an insurance policy, as required under section 143.17a(b) of the Illinois Insurance Code (215 ILCS 5/143.17a(b) (West 1992)), must maintain proof of the mailing on a recognized "U.S. Post Office" (hereinafter, Postal Service) form or form acceptable to the Postal Service or other...

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