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ZDEB v. ALLSTATE INS. CO.

No. 1-09-2774.

935 N.E.2d 706 (2010)

Elizabeth ZDEB, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

September 17, 2010.

Attorney(s) appearing for the Case

James E. Ocasek, Cooney and Conway, Chicago, IL, for Appellant.

Peter C. Morse, Daniel J. James, Morse Bolduc & Dinos, Chicago, IL, for Appellee.

Justice ROBERT E. GORDON delivered the opinion of the court:

Plaintiff Elizabeth Zdeb, a policyholder, filed a declaratory judgment action in the circuit court of Cook County seeking a determination that defendant, Allstate Insurance Company (Allstate), was not entitled to a setoff on underinsured motorist coverage with monies paid to her for automobile medical payments coverage. Allstate moved for summary judgment pursuant to section 2-1005 of the Illinois Code of...

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