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PISER v. STATE FARM AUTO. INS. CO.

No. 1-09-3379.

938 N.E.2d 640 (2010)

Jonathan H. PISER, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

November 12, 2010.

Attorney(s) appearing for the Case

Eugene E. Murphy, Jr., John N. Hourihane, Jr., John H. Scheid, Jr., Murphy & Hourihane, L.L.C., Chicago, IL, for Plaintiff-Appellant.

Rick L. Hammond, Eric W. Moch, Johnson & Bell, Ltd., Chicago, IL, for Defendant-Appellee.

Justice TOOMIN delivered the opinion of the court:

In this appeal, we determine whether breach of an insurance cooperation clause is a valid defense constituting "other affirmative matter" barring a claim pursuant to section 2-619(a)(9) of the Illinois Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2008)). We also consider whether defendant complied with foundational and evidentiary requirements for supporting affidavits, and whether plaintiff's failure to...

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