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State Courts -
Illinois - October 17 - October 18, 2006
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Highway Traffic Safety Assocs., LLC v. Gomien & Harrop, No. 3-05-0786,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 17, 2006, Decided
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Overview: Trial court did not err in denying the law firm's motion to vacate for lack of personal jurisdiction, as Maryland court had personal jurisdiction over the law firm when Maryland court entered a default judgment against the law firm; pursuant to Md. Code Ann., Cts. & Jud. Proc. § 6-103(b)(1), law firm had been transacting business in Maryland.
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Norris v. Nat'l Union Fire Ins. Co., No. 1-05-3132,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, October 17, 2006, Decided , October 17, 2006, Opinion Filed
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Overview: Trial court's confirmation of an arbitration award was affirmed as the appellate court's prior rulings in an appeal regarding the reform of an insurance policy to include uninsured motorist coverage were not palpably erroneous. Further, the arbitration conducted was mandatory and binding under the 1989 version of 215 Ill. Comp. Stat. Ann. 5/143a.
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State Farm Mut. Auto. Ins. Co. v. Coe, No. 1-05-1891,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, October 17, 2006, Decided , October 17, 2006, Filed
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Overview: Summary judgment award to an insurer in a declaratory judgment action against an insured was affirmed because the setoff for workers' compensation benefits in an insurance policy did not violate the purpose of the underinsured motorist statute, 215 Ill. Comp. Stat. Ann. 5/143a-2(4), and therefore, did not violate public policy.
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Tyler v. Gibbons, No. 3-05-0754,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 18, 2006, Decided
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Overview: The officers and directors adequately supported the 735 Ill. Comp. Stat. Ann. 5/2-619 motion, which alleged res judicata and the economic loss doctrine, as they submitted an affidavit, certified copies of the corporation's certificate of incorporation, and a verified complaint of the previous action.
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