NABOR v. OCCIDENTAL LIFE INS. CO.

No. 79-256.

78 Ill. App.3d 288 (1979)

396 N.E.2d 1287

NANCY NABOR, Adm'r with Will Annexed of the Estate of Stephen Sniderman, Deceased, Plaintiff-Appellee, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed November 8, 1979.


Attorney(s) appearing for the Case

Peterson, Ross, Schloerb & Seidel, of Chicago (J. Robert Geiman, Ellen J. Kerschner, and Ernest W. Irons, of counsel), for appellant.

Elsie G. Holzwarth, of Chicago, for appellee.


Judgment affirmed.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The defendant insurer when sued on a policy of life insurance raised the affirmative defenses of misrepresentation and suicide. Since the insured died on the second anniversary date, the court ruled that the insurer was barred by the two-year provision of incontestability clause and the suicide clause from raising these defenses and awarded judgment for the plaintiff. It awarded 6 percent...

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