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CAMPBELL v. PRUDENTIAL INSURANCE CO.

No. 34797.

15 Ill.2d 308 (1958)

155 N.E.2d 9

HARRY CAMPBELL, Guardian, Appellant, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee.

Supreme Court of Illinois.

Rehearing denied January 22, 1959.

Attorney(s) appearing for the Case

ASKOW AND STEVENS, of Chicago, for appellant.

PETERSON, LOWRY, RALL, BARBER & ROSS, C. MALCOLM MOSS, and WALTER W. SIEBERT, all of Chicago, (OWEN RALL, WILLIAM A. CANNON, and HERBERT C. LOTH, JR., of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

We allowed leave to appeal in this case, primarily to determine the proper construction of section 154 of the Insurance Code, which deals with the effect of misrepresentation by an insured in his application for insurance. Ill. Rev. Stat. 1957, chap. 73, par. 766.

The defendant issued to Lloyd J. Campbell two "Endowment at Age 65 Years" insurance policies upon his life. The...

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