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KASZESKI v. FIDELITY AND CASUALTY CO.

No. 45279.

54 Ill.2d 241 (1973)

296 N.E.2d 743

JOSEPH N. KASZESKI, Individually and as Executor of the Estate of Florence Kaszeski, Appellant, v. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellee.

Supreme Court of Illinois.

Opinion filed May 21, 1973.

Attorney(s) appearing for the Case

ALLEN H. MEYER, of Chicago, for appellant.

CLAUSEN, HIRCH, MILLER & GORMAN, of Chicago (FREDRIC J. GROSSMAN and JAMES T. FERRINI, of counsel), for appellee.

FRANK P. KRONENBERG, of Chicago, for amicus curiae.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

This case is here upon leave granted to appeal from a decision of the Appellate Court, First District. 6 Ill.App.3d 198.

The facts were thus stated in the opinion of the appellate court:

"On August 26, 1964, plaintiff's decedent, Florence Kaszeski...

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