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LUMBERMENS MUT. CAS. CO. v. POTHS

Gen. No. 68-59.

104 Ill. App.2d 80 (1968)

243 N.E.2d 40

Lumbermens Mutual Casualty Co., a Mutual Company, Plaintiff-Appellee, v. Ronald Poths, Defendant-Appellant, Lawrence Susmark, et al., Defendants-Appellees.

Appellate Court of Illinois — Second Judicial District.

December 27, 1968.

Attorney(s) appearing for the Case

Dreyer, Foote and Streit, of Aurora, for appellant.

Tyler and Peskind, of Aurora, for appellees.

MR. JUSTICE DAVIS delivered the opinion of the court.

This is a declaratory judgment action wherein the plaintiff, Lumbermens Mutual Casualty Co. (Lumbermens), sought a declaration that Ronald Poths (Poths) was not an insured within the language of its automobile liability insurance policy issued to Lawrence Susmark. Poths, while driving the automobile described in this policy, was involved in an accident wherein the defendants, Mildred E. Maxwell and Kimberly Maxwell...

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