CARDAMONE v. ALLSTATE INS. CO.

No. 76-1035.

49 Ill. App.3d 435 (1977)

364 N.E.2d 460

ANTHONY CARDAMONE et al., Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed May 27, 1977.


Attorney(s) appearing for the Case

Joseph J. La Gioia, Jr., of Niles, for appellants.

Peterson, Ross, Rall, Barber & Seidel, of Chicago (Norbert J. Wegerzyn and James D. Wangelin, of counsel), for appellee.


Judgment affirmed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Plaintiffs brought this action to recover medical benefits under a health insurance policy. The trial court granted defendant's motion for summary judgment. On appeal plaintiffs contend: (1) that an exclusionary provision in the policy does not apply and, alternatively, if it does apply, (2) that defendant's agent waived this provision.

On February 25, 1974, plaintiffs entered...

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