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Appellate Court of Illinois


Stark v. Ill. Emcasco Ins. Co., 1-05-2370

Summary judgment for defendant in a declaratory judgment action seeking to determine plaintiff's rights to insurance coverage under a commercial automobile policy provided by defendant and issued to a corporation of which plaintiff is sole officer, director, and shareholder is affirmed where: 1) the name insured is the corporation; 2) the accident from which plaintiff sought coverage did not involve occupancy of a covered vehicle; and 3) the underinsured motorist endorsement was not a nullity since it covered the company and any person while using its automobiles.

Appellate Information

  • Decided 05/29/2007
  • Published 05/29/2007

Judges

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

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Kindwald Law Office, P.C., Chicago (Donald J. Kindwald, Diana M. Kenney, of counsel), for Appellant.

  • For Appellees:
  • Cremer, Kopon, Shaughnessy & Spina, LLC, Chicago (Francis A. Spina, of counsel), for Appellee.
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