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Bankers Life Company, for the use of Continental Casualty Company, Appellant, v. Union Automobile Indemnity Association, Appellee.

AUTOMOBILES AND MOTOR VEHICLES, § 63 — when complaint in suit for indemnity insurer's failure to defend action is subject to motion to strike. In suit for use of casualty company against automobile indemnity association for damages alleged to have been sustained as result of defendant's failure to furnish legal defense to plaintiff in prior automobile-accident action against plaintiff and its alleged agent, held that, under provisions of insurance policies and all of other circumstances of case, plaintiff's amended complaint and exhibits attached thereto, considered in light most favorable to plaintiff as to facts well pleaded, was subject to defendant's motion to strike for failure to state cause of action, and that suit was properly dismissed at costs of plaintiff.

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

Opinion by PRESIDING JUSTICE RIESS.

Not to be published in full. Opinion filed May 28, 1945; released for publication June 23, 1945.

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BANKERS LIFE CO. v. UNION AUTO. INDEM. ASS'N
(May 28, 1945)