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McMILLON v. OLD REPUBLIC LIFE INSURANCE CO.

No. 75-196.

33 Ill. App.3d 658 (1975)

342 N.E.2d 246

ROSE McMILLON, Plaintiff-Appellee, v. OLD REPUBLIC LIFE INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied December 15, 1975.

Attorney(s) appearing for the Case

Mark T. Petty, of Reed, Armstrong, Gorman & Coffey, of Edwardsville, for appellant.

Edward T. McCarthy, of King, Naegler, McCarthy and Billeaud, of Edwardsville, for appellee.

Reversed and remanded.

Mr. JUSTICE KARNS delivered the opinion of the court:

This appeal arises from an action brought to collect benefits provided by a health and accident insurance policy in the Circuit Court of Madison County. The trial court granted plaintiff's motion for summary judgment and defendant appeals.

The affidavits and admissions of fact filed in support and opposition to plaintiff's motion established the following:

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