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PRICE v. STATE FARM MUTUAL AUTO. INS. CO.

No. 82-1687.

116 Ill. App.3d 463 (1983)

452 N.E.2d 49

JAMES PRICE, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

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

Opinion filed June 30, 1983.

Attorney(s) appearing for the Case

Burton I. Weinstein & Associates, Ltd., of Chicago (Burton I. Weinstein and Robert L. Miller, of counsel), for appellant.

Victor J. Piekarski and Susan F. Swick, both of Querrey, Harrow, Gulanick & Kennedy, Ltd., of Chicago, for appellee.

Reversed and remanded.

JUSTICE LINN delivered the opinion of the court:

Plaintiff, James Price, filed a declaratory judgment action in the circuit court of Cook County against defendant, State Farm Mutual Automobile Insurance Company (State Farm). Price was seeking a declaration of his rights under the underinsured motorist provision of a policy issued by State Farm to Price's stepfather, Theodore Alferes. Because none of the facts was in controversy and the...

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