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STARK v. ILLINOIS EMCASCO INS. CO.

No. 1-05-2370.

869 N.E.2d 957 (2007)

373 Ill. App.3d 804

311 Ill.Dec. 944

Fred STARK, Plaintiff-Appellant, v. ILLINOIS EMCASCO INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

May 29, 2007.

Attorney(s) appearing for the Case

Kindwald Law Office, P.C., Chicago (Donald J. Kindwald, Diana M. Kenney, of counsel), for Appellant.

Cremer, Kopon, Shaughnessy & Spina, LLC, Chicago (Francis A. Spina, of counsel), for Appellee.

Justice ROBERT E. GORDON delivered the opinion of the court:

Plaintiff Fred Stark filed a declaratory judgment action in the circuit court of Cook County seeking a determination of his right to insurance coverage under a commercial automobile policy provided by defendant Illinois Emcasco Insurance Company and issued to a corporation of which plaintiff is the sole officer, director, and shareholder. Plaintiff specifically sought to recover the proceeds of an underinsured...

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