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CARROLL v. PREFERRED RISK INS. CO.

Gen. No. 50,046.

60 Ill. App.2d 170 (1965)

208 N.E.2d 836

Lorraine Carroll, as Administratrix of the Estate of John F. Carroll, Deceased, and Lorraine Carroll, as Mother and Next Friend of Michael Carroll, a Minor, Plaintiffs-Appellees, v. Preferred Risk Insurance Co., a Corporation, and John Bolton, as Special Deputy Liquidator of the Adams Mutual Insurance Company, Defendants-Appellants.

Appellate Court of Illinois — First District, First Division.

June 4, 1965.

Attorney(s) appearing for the Case

Treacy & Breen, of Chicago (John J. Treacy, of counsel), for Preferred Risk Mutual Insurance Company, appellant.

Alvin W. Block and Stephen Levy, of Chicago (Alvin R. Becker, of counsel), for appellees.

MR. JUSTICE MURPHY delivered the opinion of the court.

Defendant, Preferred Risk Mutual Insurance Company, appeals from a declaratory judgment, entered in a nonjury trial, which declared that "the plaintiff is entitled to avail herself of the benefits" of an "uninsured motorists coverage" clause. Preferred Risk contends that the "third party" involved "was not uninsured."

Plaintiff's intestate, John Carroll, was insured under an automobile insurance policy...

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