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SCHULTZ v. ILLINOIS FARMERS INS. CO.

Nos. 1-08-0458, 1-08-0583.

901 N.E.2d 957 (2009)

Kenneth W. SCHULTZ, Executor of the Estate of Patricia Smetana, Deceased, Plaintiff-Appellant, v. ILLINOIS FARMERS INSURANCE COMPANY, Defendant-Appellee (Kathleen O'Conner, Plaintiff). Illinois Farmers Insurance Company, Plaintiff-Appellant, v. Barbara Weglarz, Krzysztof Majchrowicz and Jolanta Majchrowicz, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

January 8, 2009.

Attorney(s) appearing for the Case

Taylor Miller LLC, Chicago (Frank Stevens and John R. Adams, of counsel), for Kenneth W. Schultz.

Lewis Brisbois Bisgaard & Smith LLP, Chicago (Danny L. Worker and Lisa M. Taylor, of counsel), for Illinois Farmers Insurance Company.

Mitchell & Allen, Chicago (Michael B. Yovanovich, of counsel), for Barbara Weglarz, Krzysztof Majchrowicz and Jolanta Majchrowicz.

Justice GALLAGHER delivered the opinion of the court:

This consolidated appeal involves the definition of an "insured" for purposes of both uninsured (UM) and underinsured (UIM) motorist coverage in automobile insurance policies issued by Illinois Farmers Insurance Company (Farmers). Kenneth W. Schultz, executor of the estate of Patricia Smetana, appeals the trial court's grant of summary judgment in favor of Farmers, upholding...

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