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ZDEB v. ALLSTATE INS. CO.

No. 1-09-2774.

935 N.E.2d 706 (2010)

Elizabeth ZDEB, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

September 17, 2010.

Attorney(s) appearing for the Case

James E. Ocasek , Cooney and Conway, Chicago, IL, for Appellant.

Peter C. Morse , Daniel J. James , Morse Bolduc & Dinos, Chicago, IL, for Appellee.

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

Plaintiff Elizabeth Zdeb, a policyholder, filed a declaratory judgment action in the circuit court of Cook County seeking a determination that defendant, Allstate Insurance Company (Allstate), was not entitled to a setoff on underinsured motorist coverage with monies paid to her for automobile medical payments coverage. Allstate moved for summary judgment pursuant to section 2-1005 of the Illinois Code of...

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