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AUTO-OWNERS INS. CO. v. YOCUM

Nos. 2-11-1267, 2-12-0092.

987 N.E.2d 494 (2013)

2013 IL App (2d) 111267

369 Ill. Dec. 867

AUTO-OWNERS INSURANCE COMPANY, Plaintiff and Counterdefendant-Appellant and Cross-Appellee, v. Merle YOCUM, Merle Yocum Trucking, Gary E. Dowding, Harmon Grain, LLC, and Michigan Millers Mutual Insurance Company, Defendants and Counterplaintiffs-Appellees and Cross-Appellants. Auto-Owners Insurance Company, Plaintiff and Counterdefendant-Appellant, v. Merle Yocum, Merle Yocum Trucking, Gary E. Dowding, Harmon Grain, LLC, and Michigan Millers Mutual Insurance Company, Defendants and Counterplaintiffs-Appellees.

Appellate Court of Illinois, Second District.

March 29, 2013.

Attorney(s) appearing for the Case

Robert Marc Chemers , Richard M. Waris , Donald P. Eckler , David N. Larson , Scott L. Howie , Pretzel & Stouffer, Chtrd., Chicago, for appellant.

Edward M. Kay , Amy R. Paulus , Kathleen A. Johnson , Donald R. Sampen , Clausen Miller P.C., Chicago, for appellees.

OPINION

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

¶ 1 Defendants Merle Yocum and Merle Yocum Trucking (collectively Yocum) had an automobile insurance policy with the plaintiff, Auto-Owners Insurance Company. On September 22, 2005, defendant Gary Dowding, while driving a truck owned by Yocum and hauling a trailer owned by defendant Harmon Grain, LLC (Harmon), was in an automobile accident with a car driven by Joseph Kerwin...

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