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HOMEWARD BOUND SERVICES v. DEPT. OF INS.

No. 3-04-0982.

848 N.E.2d 589 (2006)

365 Ill. App.3d 267

302 Ill.Dec. 290

HOMEWARD BOUND SERVICES, INC., Plaintiff-Appellant, v. The ILLINOIS DEPARTMENT OF INSURANCE, J. Anthony Clark, Diedre K. Manna, Kirkwood Insurance Service Company, Stephen M. Duran, and Stephen Nave, Defendants-Appellees.

Appellate Court of Illinois, Third District.

April 28, 2006.

Attorney(s) appearing for the Case

Carl R. Draper (argued), James J. Rammelkamp, Feldman, Wasser, Draper & Benson, Springfield, for Homeward Bound Services, Inc.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Diane M. Potts (argued), Assistant Attorney General, Chicago, Thomas Klein, Assistant Attorney General, Springfield, for Illinois Department of Insurance.

Justice HOLDRIDGE delivered the opinion of the court:

The Illinois Department of Insurance (Department) determined that Homeward Bound Services, Inc., was conducting insurance business and was thus subject to the Illinois Insurance Code (Code) (215 ILCS 5/121 et seq. (West 2002)). Since Homeward Bound did not have the requisite insurance certificate, the Department issued a cease and desist order. Homeward Bound sought review, and the Peoria County circuit...

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