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NAT'L DISCOUNT SHOES v. ROYAL GLOBE INS. CO.

No. 80-1095.

99 Ill. App.3d 54 (1981)

424 N.E.2d 1166

NATIONAL DISCOUNT SHOES, INC., Plaintiff-Appellant, v. ROYAL GLOBE INSURANCE CO., Defendant-Appellee.

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

Supplemental opinion filed on denial of rehearing September 10, 1981.

Attorney(s) appearing for the Case

Lemuel L. Foster, Jr., of Chicago, for appellant.

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (James T. Ferrini and Robert H. Mittelman, of counsel), for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE ROMITI delivered the opinion of the court:

The plaintiff purchased property, obtained an assignment of an insurance policy covering the property from the vendor but failed to obtain the insurance company's consent to the assignment. After the property was destroyed by fire, the insurer paid the vendor the amount of the mortgage but refused to pay the plaintiff the...

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