OWENS v. NEW YORK LIFE INS. CO.

Gen. No. 50,453.

67 Ill. App.2d 92 (1966)

214 N.E.2d 543

John E. Owens, Special Administrator of the Estate of Joseph C. Rak, Deceased, Appellant, v. New York Life Insurance Company, a Corporation, Appellee.

Appellate Court of Illinois — First District, Fourth Division.

January 21, 1966.


Attorney(s) appearing for the Case

Owens, Owens & Rinn, of Chicago, for appellant.

Spray, Price, Hough & Cushman, Wendell J. Brown and John A. McDonald, of Chicago, for appellee.


MR. PRESIDING JUSTICE DRUCKER delivered the opinion of the court.

Plaintiff appeals from the dismissal of his action to recover attorney fees and costs incurred in the prosecution of a suit for reformation of two life insurance policies issued by the defendant.

On September 29, 1957, Joseph Rak (deceased) applied to the defendant for life insurance in the amount of $75,000 with the beneficiaries thereof to be designated as follows: "Helen Bernotes, my sister...

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