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NATIONWIDE MUT. INS. CO. v. KOGUT

No. 1-02-3505.

819 N.E.2d 1127 (2004)

354 Ill. App.3d 1

289 Ill.Dec. 327

NATIONWIDE MUTUAL INSURANCE COMPANY, as Subrogee of Irene MIKA, Plaintiff-Appellant, v. Dorota KOGUT, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

November 15, 2004.

Attorney(s) appearing for the Case

John G. McAuley of McAuley & Lamborn, Chicago, for Appellant.

Betsy Rosenberg of Mordini & Schwartz, P.C., Chicago, for Appellee.

Justice CAHILL delivered the opinion of the court:

Plaintiff Nationwide Mutual Insurance Company appeals a trial court order that barred it from rejecting an arbitration award on the sole ground that it failed to produce its insured at arbitration. We believe the order barring plaintiff from rejecting the award was an abuse of discretion. We reverse and remand for further proceedings.

Plaintiff filed a subrogation action against defendant Dorota Kogut for...

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