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HARRIS T. & SAV. BK. v. ILL. FAIR PLAN ASS'N

No. 77-736.

68 Ill. App.3d 934 (1979)

386 N.E.2d 341

HARRIS TRUST & SAVINGS BANK, Trustee, et al., Plaintiffs-Appellants, v. ILLINOIS FAIR PLAN ASSOCIATION, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed January 11, 1979.

Attorney(s) appearing for the Case

Gaines and Boyer, of Chicago (Alan I. Boyer, of counsel), for appellants.

Clausen, Miller, Gorman, Caffrey & Witous, P.C. (James T. Ferrini, Frank L. Schneider, and Patricia N. Hale, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The issue in this case is whether the insured can recover for a fire loss to his hotel suffered long after he abandoned it on the theory that (1) the insurer by cancelling the policy, said cancellation to be effective in 30 days, is barred from relying on the vacancy clause in the policy or that (2) the insurer, in refunding the unearned premium from the date the cancellation was effective...

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