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AMERICAN FAMILY MUT. INS. CO. v. NIEBUHR

No. 1-05-3964.

860 N.E.2d 436 (2006)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Michael A. NIEBUHR, Defendant-Appellant (Stacy Neibuhr, Individually and as Mother and Next Friend of Amanda M. Niebuhr, James A. Huskey and Marilyn Huskey, Defendants.)

Appellate Court of Illinois, First District, Third Division.

December 6, 2006.

Attorney(s) appearing for the Case

Steven M. Levin, Michael F. Bonamarte IV, Levin & Perconti, Chicago, for Defendants — Appellants.

Carol Proctor, Joshua G. Vincent, Timothy G. Shelton, Clint B. Charnes, Hinshaw & Culbertson LLP, Chicago, for Plaintiff — Appellee.

Presiding Justice THEIS delivered the opinion of the court:

Defendant Michael A. Niebuhr (Michael)1 appeals from an order of the circuit court granting the motion of plaintiff, American Family Mutual Insurance Company (American Family), for summary judgment and denying Michael's cross-motion for summary judgment in this declaratory judgment action. On appeal, Michael contends that (1) the household exclusion clause in his homeowner's insurance...

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