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NAGEL-TAYLOR AUTO. SUPPLIES, INC. v. AETNA CAS. & SURETY CO.

No. 15741.

81 Ill. App.3d 607 (1980)

402 N.E.2d 302

NAGEL-TAYLOR AUTOMOTIVE SUPPLIES, INC., a/k/a Nagel-Taylor, Inc., d/b/a Club Virgo and/or Marvin C. Taylor, a/k/a Charles Taylor, Plaintiffs-Appellants and Cross-Appellees, v. AETNA CASUALTY & SURETY COMPANY OF ILLINOIS, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied April 10, 1980.

Attorney(s) appearing for the Case

Marilyn J. Schroeder and Walter H. Kasten, both of Springfield, for appellants.

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago, and Gillespie, Cadigan & Gillespie, of Springfield (James T. Ferrini and William J. Schaefle, of counsel), for appellee.

Affirmed in part and reversed in part.

Mr. JUSTICE GREEN delivered the opinion of the court:

The principal issue in this case is whether under the evidence a jury could properly find that coverage under a fire insurance policy had not been voided by fraud and false swearing when the insured submitted a verified proof of loss containing an unreasonably high estimate of its business interruption loss.

The suit was brought in the circuit court of Sangamon...

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