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SIERON & ASSOCIATES v. DEPARTMENT OF INS.

No. 5-04-0571.

857 N.E.2d 805 (2006)

SIERON & ASSOCIATES, INC., E.J. Sieron, E. John Sieron, Arrow Realty, Inc., Tujay, Inc., Golden Properties, Inc., OFS, Ltd., Hawk Properties, Inc., Falcon, Ltd., JMW, Inc., Theresa Sieron, and Scott Sieron, Plaintiffs-Appellants, v. THE DEPARTMENT OF INSURANCE, Anthony Clark, Director of Insurance, the Illinois Fair Plan Association, and Douglas A. Jensen, General Manager of the Illinois FAIR Plan Association, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

September 28, 2006.

Attorney(s) appearing for the Case

Alvin C. Paulson, Becker, Paulson, Hoerner & Thompson, P.C., Belleville, for Appellants.

Lisa Madigan, Attorney General, State of Illinois, Gary Feinerman, Solicitor General, Timothy K. McPike, Assistant Attorney General, Chicago, for Appellees Department of Insurance and Anthony Clark.

James E. Betke, James E. Betke, P.C., Chicago, for Appellees Illinois FAIR Plan Association and Douglas A. Jensen.

Justice McGLYNN delivered the opinion of the court:

I. INTRODUCTION

In May of 2002, the Illinois FAIR Plan Association Governing Committee voted not to renew all insurance policies that insured properties held by one of the largest property owners in Metro East Illinois-the Sierons. Members of the Sieron family and companies closely held by them (the Sierons) own or control some 650 to 700 single-family houses, mostly in the impoverished area of East St...

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