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IN RE ESTATE OF SCHMIDT

No. 78-516.

79 Ill. App.3d 456 (1979)

398 N.E.2d 589

In re ESTATE OF EDWARD W. SCHMIDT, Deceased. — (VIRGINIA E. SCHMIDT, Adm'r of the Estate of Edward W. Schmidt, Petitioner-Appellee, v. COUNTRY MUTUAL INSURANCE COMPANY, Respondent-Appellant.)

Appellate Court of Illinois — Second District.

Supplemental opinion filed on denial of rehearing January 9, 1980.

Attorney(s) appearing for the Case

Kell, Conerty & Poehlmann, of Woodstock, for appellant.

William Elman, of Elman & Ehardt, of Harvard, for appellee.

Judgment affirmed.

Mr. JUSTICE WOODWARD delivered the opinion of the court:

Respondent, Country Mutual Insurance Company, seeks subrogation against petitioner, Virginia E. Schmidt, the surviving widow of Edward Schmidt, to recover a death benefit and medical expense payment which Country Mutual paid to her as beneficiary under a policy of insurance which Country Mutual had with the deceased. The policy itself is not part of the record on appeal and was not...

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