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MACKLIN v. COMMONWEALTH LIFE & ACC. CO.

Gen. No. 53,623.

121 Ill. App.2d 119 (1970)

257 N.E.2d 256

Mary L. Macklin, Plaintiff-Appellee, v. Commonwealth Life and Accident Company, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

February 19, 1970.

Attorney(s) appearing for the Case

Arthur S. Gomberg and Joel H. Greenburg, of Chicago (Joel H. Greenburg, of counsel), for appellant.

Stradford, Lafontant, Gibson, Fisher & Cousins, of Chicago (Herbert H. Fisher, of counsel), for appellee.

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

The plaintiff, the beneficiary of an insurance policy on the life of her deceased husband, sued the Commonwealth Life and Accident Company to recover $2,000 under the accidental death provision of the policy. The defendant's answer raised three affirmative defenses: (1) that the death of the insured, Neal Macklin, was not accidental but was the result...

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