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STATE FARM MUT. AUTO. v. CITY OF CHICAGO

No. 1-08-0679.

923 N.E.2d 1254 (2010)

338 Ill. Dec. 105

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Michael Balestri and Pedro Luna, Plaintiffs-Appellants, v. The CITY OF CHICAGO, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

February 26, 2010.

Attorney(s) appearing for the Case

John R. Adams, Taylor Miller LLC, Chicago, for Appellant.

Mara S. Georges, Corporation Counsel of the City of Chicago (Benna Ruth Solomon, Deputy Corporation Counsel, Myriam Zreczny Kasper, Chief Assistant Corporation Counsel, and J. Mark Powell, Assistant Corporation Counsel, of counsel), for Appellee.

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiffs State Farm Automobile Insurance Company (State Farm), Michael Balestri and Pedro Luna appeal a trial court order dismissing a declaratory judgment action against the City of Chicago (City). The trial court ruled that the complaint failed to allege an actual controversy. We disagree and reverse and remand for further proceedings.

Balestri and Luna were involved in unrelated car accidents...

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