On July 1, 2011, the Eighth Circuit Court of Pike County, Illinois granted a motion filed by Reed Armstrong on behalf of its client for judgment on the pleadings in a case in which plaintiff alleged breach of insurance contract for denying a claim of theft of plaintiff´s motorcycle. Clendenny v. State Farm Mutual Automobile Insurance Co., No. 10-LM-9. Plaintiff also sought penalties and attorney´s fees pursuant to Illinois Insurance Code Section 155. Defendant alleged affirmative defenses to which the plaintiffs never replied. Plaintiffs were deemed to have admitted the affirmative defenses that in the course of defendant´s investigation of the claim, plaintiffs made material misrepresentations and failed to cooperate.
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