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ZAPALSKI v. UNDERWRITERS AT LLOYD'S, LONDON

Gen. No. 46,631.

9 Ill. App.2d 311 (1956)

132 N.E.2d 785

Vincent J. Zapalski, and Marie B. Zapalski, Appellees, v. Underwriters at Lloyd's, London (not Incorporated), and Chicago Metropolitan Home Builders Association, Appellants.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied March 21, 1956.

Released for publication March 29, 1956.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago, for appellants; Stephen A. Milwid, and Wilbur S. Legg, both of Chicago, of counsel.

Maxfield Weisbrod, and Roland Towle, both of Chicago, for appellees.

JUDGE KILEY delivered the opinion of the court.

We have granted a rehearing in this cause to give further consideration to the issues on appeal.

This is an action seeking recovery of $7,000 in Count I, of the complaint, against defendant Association for failure to sue defendant Underwriters upon an Honesty Bond under which plaintiffs claim benefits; and in Count II upon the bond against the Underwriters. Defendants filed a joint answer and special affirmative...

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