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DARDEEN v. KUEHLING

No. 97900.

821 N.E.2d 227 (2004)

213 Ill.2d 329

290 Ill.Dec. 176

James DARDEEN, Appellee, v. Alice KUEHLING et al. (State Farm Insurance Company, Appellant).

Supreme Court of Illinois.

December 2, 2004.

Attorney(s) appearing for the Case

Russell K. Scott, Joseph B. McDonnell, David W. Ybarra, of Greensfelder, Hemker & Gale, Belleville, for appellant.

Kelly R. Phelps, of Lambert, Beggs & Phelps, Harrisburg, for appellee.

Michael Resis, Glen E. Amundsen, of O'Hagan, Smith & Amundsen, L.L.C., for amicus curiae Illinois Association of Defense Trial Counsel.

Barry G. Doyle, Chicago, for amicus curiae Illinois Trial Lawyers Association.

Justice FITZGERALD delivered the opinion of the court:

State Farm Insurance Company (State Farm) 1 appeals the decision of the appellate court reversing the circuit court of Wabash County's order granting summary judgment against James Dardeen on his negligent spoliation of evidence claim. The central issue in this case is whether a homeowner's insurer has a duty to instruct the homeowner to preserve evidence which may be relevant to a...

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