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CANADA LIFE ASSUR. CO. v. SALWAN

No. 1-03-0549.

817 N.E.2d 1021 (2004)

353 Ill. App.3d 74

288 Ill.Dec. 371

The CANADA LIFE ASSURANCE COMPANY, Plaintiff-Appellee, v. Ayodhia SALWAN, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied November 5, 2004.

Attorney(s) appearing for the Case

John L. Miller, Woerthwein & Miller, Chicago, for Appellant.

William A. Chittenden, III, Craig M. Bargher, Chittenden, Murday & Novotny LLC, Chicago, for Appellee.

Justice HALL delivered the opinion of the court:

The plaintiff, Canada Life Assurance Company, filed a declaratory judgment action against the defendant, Ayodhia Salwan seeking determination that it was entitled to a refund of money paid to the defendant, based upon a reimbursement agreement between the parties. The defendant filed a counterclaim for benefits he alleged were wrongfully withheld from him by the plaintiff...

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