YACCINO v. STATE FARM MUT. AUTO. INS. CO.

Nos. 2-02-1247, 2-02-1248.

804 N.E.2d 677 (2004)

346 Ill. App.3d 431

281 Ill.Dec. 712

Michael YACCINO, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Cross-Plaintiff-Appellant (Intergovernmental Risk Management Agency, Defendant and Cross-Defendant-Appellee; Guadalupe Alba; Veronica Flores; and The City of West Chicago, Defendants). Michael Yaccino, Plaintiff-Appellee, v. Intergovernmental Risk Management Agency and The City of West Chicago, Defendants-Appellants (Guadalupe Alba; Veronica Flores; and State Farm Mutual Automobile Insurance Company, Defendants).

Appellate Court of Illinois, Second District.

February 5, 2004.


Attorney(s) appearing for the Case

Robert W. Rohm, John R. Adams, Taylor, Miller, Sprowl, Hoffnagle & Merletti, Chicago, for State Farm Mutual Automobile Insurance Company.

Russell W. Hartigan, Patrick H. O'Connor, Hartigan & Cuisinier, P.C., Chicago, for Intergovernmental Risk Management Agency.

Donna Zadeikis, Law Offices of Donna Zadeikis, McHenry, for Michael Yaccino.


Justice CALLUM delivered the opinion of the court:

Plaintiff, Michael Yaccino, sought a declaratory judgment (735 ILCS 5/2-701 (West 2002)) specifying whether defendant and crossplaintiff-appellant's, State Farm Mutual Automobile Insurance Company's (State Farm's), and defendant and crossdefendant-appellee's, Intergovernmental Risk Management Agency's (IRMA's), uninsured motorist coverages were primary or excess. State Farm filed a cross claim against IRMA, seeking...

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