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NOVAK v. EQUITABLE LIFE ASSUR. SOCIETY

Gen. No. 52,154.

101 Ill. App.2d 392 (1968)

243 N.E.2d 269

Rose Novak, Plaintiff-Appellant, v. The Equitable Life Assurance Society of the United States, Defendant-Appellee.

Appellate Court of Illinois — First District, Third Division.

October 24, 1968.

Attorney(s) appearing for the Case

Joe Reiff, of Chicago, for appellant.

Mayer, Friedlich, Spiess, Tierney, Brown & Platt, of Chicago (Miles G. Seeley, Burton E. Glazov, and Roger J. Kiley, Jr., of counsel), for appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

The plaintiff Rose Novak is the beneficiary under a policy of insurance issued to her deceased husband by the defendant. She seeks to recover for his alleged accidental death. Defendant moved for summary judgment on the ground that the insured was engaged in the commission of a felony at the time of his death and that recovery under such circumstances was barred...

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