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McELMEEL v. SAFECO INS. CO. OF AMERICA

No. 1-04-1857.

851 N.E.2d 99 (2006)

Eric McELMEEL and Elisa McElmeel, Indiv. and as Independent Adm'r of the Estate of Anthony D. McElmeel, Deceased, Plaintiffs-Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

May 8, 2006.

Attorney(s) appearing for the Case

Steven J. Rizzi of Weinberg & Rizzi, and Richard M. Goldwasser of Law Office of Richard M. Goldwasser, Chicago, for Appellant.

James F. Best and Adam M. Stefancic of Best, Vanderlaan & Harrington, Chicago, for Appellee.

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiffs Eric McElmeel and his mother, Elisa McElmeel, individually and as the administrator of the estate of her other son, Anthony McElmeel, appeal from a trial court order of summary judgment for defendant Safeco Insurance Company. The trial court determined that plaintiffs could not "stack," or aggregate, automobile insurance coverage to obtain a higher level of coverage for an accident with an uninsured...

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