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COUNTRY MUTUAL INS. CO. v. KOSMOS

No. 82-680.

116 Ill. App.3d 914 (1983)

452 N.E.2d 547

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. MICHAEL KOSMOS, Defendant-Appellee.

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

Supplemental opinion filed on denial of rehearing August 25, 1983.

Attorney(s) appearing for the Case

Beverly, Pause, Duffy & O'Malley, of Chicago (Frank J. Pause, Robert O. Duffy, and Michael W. Rathsack, of counsel), for appellant.

Thomas W. Stewart, of Joseph R. Curcio, Ltd., of Chicago (David A. Novoselsky, of counsel), for appellee.

Judgment reversed.

PRESIDING JUSTICE ROMITI delivered the opinion of the court:

The sole issue in this case is whether an insurer can be forced to arbitrate an uninsured motorist claim even where it is clear as a matter of law from the pleadings that there is no coverage. We hold there is no duty to arbitrate under such circumstances and reverse the trial court which ordered arbitration.

Plaintiff Country Mutual Insurance Company filed this action...

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