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STATE FARM FIRE AND CAS. CO. v. PEREZ

No. 1-07-2601.

899 N.E.2d 1231 (2008)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellee, v. Dalia PEREZ, Defendant-Appellant (Oscar Baeza and Miguel Espinoza, Defendants).

Appellate Court of Illinois, First District, Second Division.

December 23, 2008.

Attorney(s) appearing for the Case

Theisen & Roche, Ltd. (James M. Roche, of counsel), Wheaton, IL, for Appellant.

Dykema Gossett PLLC (Michael C. Borders and Rosa M. Tumialan, of counsel), for Appellee.

Justice CUNNINGHAM delivered the opinion of the court:

Defendant Dalia Perez (Perez) appeals from an order of the circuit court of Cook County issued August 16, 2007, dismissing with prejudice her motion for judgment on the pleadings. Perez's motion alleged that the homeowner's insurance policy did not exclude coverage for a negligence claim (count II) of her lawsuit against the driver involved in the car accident that injured her on May 15, 2005. On appeal, Perez...

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