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Willow Dean Rensselaer for use of Matthew Jones, Appellant, v. Mid-States Insurance Company, Appellee.

ON REHEARING. AUTOMOBILES AND MOTOR VEHICLES, § 59 — oral contract of liability insurance. Evidence that insurance company's authorized agent mailed to owner of auiomobile abstract of automobile liability policy reciting that company's policy of designated number had been issued to owner, describing owner's automobile, and stating amount of insurance, limits of liability and amount of premiums, and that agent also included bill for premiums due and company's automobile identification card giving number of policy and expiration date warranted conclusion that there was an oral contract for insurance, notwithstanding that agent issued to another the policy bearing number assigned to owner; hence, company was liable in garnishment proceedings instituted after third party recovered judgment against owner in automobile accident case.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed November 13, 1947; rehearing opinion filed May 4, 1948; released for publication June 4, 1948.

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RENSSELAER FOR USE OF JONES v. MID-STATES INS
(Nov 13, 1947)