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KIRK v. FINANCIAL SECURITY LIFE INS. CO.

No. 50263.

75 Ill.2d 367 (1978)

389 N.E.2d 144

CHRISTINE E. KIRK, Appellee, v. FINANCIAL SECURITY LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Illinois.

Opinion filed December 4, 1978.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, of Springfield (Gary M. Peplow, of counsel), for appellant.

W.J. Simhauser, of Springfield, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

Christine Kirk brought this action as beneficiary under the double indemnity accident provision of her husband's life insurance policy. The defendant insurer, Financial Security Life Insurance Company, moved to dismiss the complaint because the insured died 92 days after the accident. The double indemnity provision takes effect only

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