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STENDERA v. STATE FARM FIRE AND CAS. CO.

No. 1-11-1462.

973 N.E.2d 990 (2012)

362 Ill. Dec. 594

Agnieszka STENDERA and Matt Dajewski, Plaintiffs and Counterdefendants-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

June 15, 2012.

Attorney(s) appearing for the Case

Peter C. Morse , Matthew J. Kowals , Daniel J. James , Morse, Bolduc & Dinos, Chicago, for appellants.

Daniel J. Nolan , Elizabeth M. Dillon , Luke P. Sheridan , Kevin C. Rasp , O'Hagan Spencer, LLC, Chicago, for appellee.

OPINION

Justice PALMER delivered the judgment of the court, with opinion.

¶ 1 Plaintiffs Agnieszka Stendera and Matt Dajewski appeal the trial court's entry of summary judgment in favor of defendant State Farm Fire and Casualty Company. The trial court's ruling was based on its finding that plaintiffs suffered no loss following a fire that damaged their home because defendant had overpaid under its policy and was entitled to a setoff in the amount it...

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