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HOME & AUTOMOBILE INS. CO. v. SCHARLI

No. 55759.

10 Ill. App.3d 133 (1973)

293 N.E.2d 914

HOME AND AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellant, v. RICHARD O. SCHARLI, Individually and as Admr. of the Estate of LEE K. SCHARLI et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

February 13, 1973.

Attorney(s) appearing for the Case

Ernest T. Koehler, of Chicago, for appellant.

Gerald S. Murphy, of Chicago, for appellees.

Judgment affirmed.

Mr. JUSTICE EGAN delivered the opinion of the court:

The plaintiff, Home and Automobile Insurance Company, sued for a declaratory judgment that the automobile insurance policy it issued to the defendant, Richard O. Scharli, was void ab initio and that the policy was, therefore, not in effect on October 14, 1965, when the defendant's car was involved in an accident. The plaintiff contends that defendant made a misrepresentation in...

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