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DESAGA v. WEST BEND MUT. INS. CO.

No. 3-08-0645.

910 N.E.2d 159 (2009)

Debbie DESAGA, Individually and as Administrator of the Estate of Felix DeSaga, Deceased, Plaintiff and Counterdefendant-Appellant, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, Third District.

June 15, 2009.

Attorney(s) appearing for the Case

Jerry A. Esrig (argued), Robert J. Zaideman, Zaideman & Esrig, P.C., Chicago, IL, for Appellant.

Francis A. Spina (argued), James B. Walton, Cremer, Shaughnessy, Spina, Jansen, & Siegert, LLC, Chicago, IL, for Appellee.

Justice CARTER delivered the opinion of the court:

Decedent, Felix De Saga, was hit by a car and killed after he went into the roadway to remove some pieces of angle iron that had fallen off of his truck. Plaintiff, Debbie DeSaga, decedent's widow and the administrator of his estate, sought insurance benefits related to the accident under the underinsured motorist (UIM) endorsement of the insurance policy issued to decedent's employer by defendant, West Bend Mutual...

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