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WEBER v. ST. PAUL FIRE & MARINE INS. CO.

No. 3-92-1019.

622 N.E.2d 66 (1993)

251 Ill. App.3d 371

190 Ill.Dec. 656

Darrel WEBER, Executor of the Estate of Joseph R. Weber, Deceased, Plaintiff-Appellee, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant-Appellant (Sharon Health Care Elms, Inc., Defendant).

Appellate Court of Illinois, Third District.

October 12, 1993.

Attorney(s) appearing for the Case

W. Mark Rasmussen (argued), Paul C. Estes, Hinshaw & Culbertson, Peoria, for St. Paul Fire & Marine Ins. Co.

Mark D. Howard (argued), Swain, Johnson & Gard, Peoria, for Larry S. Weber, Ex'r of Estate of Joseph R. Weber.

Justice BRESLIN delivered the opinion of the court:

The plaintiff, Darrel Weber, brought this declaratory judgment action as executor of the estate of Joseph R. Weber, deceased. The decedent, a resident at the Sharon Health Care Elms, Inc. nursing home, allegedly wandered away from the home and eventually died from exposure to the elements. The plaintiff sought a declaration that an insurance policy issued by the defendant, St. Paul Fire and Marine Ins. Co., on behalf...

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