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CRAWFORD v. EQUITABLE LIFE ASSURANCE SOC'Y

No. 45556.

56 Ill.2d 41 (1973)

305 N.E.2d 144

HARVEY A. CRAWFORD Appellee, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellant.

Supreme Court of Illinois.

Opinion filed November 30, 1973.

Attorney(s) appearing for the Case

Coryn, Patton and Walker, of Rock Island (William M. Walker, of counsel), for appellant.

Klockau, McCarthy, Schubert, Lousberg, Ellison & Rinder, of Rock Island, for appellee.

Owen Rall and Peter M. Sfikas, of Chicago (Peterson, Ross, Rall, Barber & Seidel, of counsel), for amici curiae.

Reversed and remanded.

MR. JUSTICE WARD delivered the opinion of the court:

This appeal presents the question whether an incontestability clause contained in a group life insurance policy bars the insurer from defending against a claim on the ground that the insured was not an employee eligible for insurance under the terms of the policy. The question is one of first impression in this court.

The plaintiff...

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