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HANES v. ROOSEVELT NAT'L LIFE INSUR. CO. OF AM.

No. 82-572.

116 Ill. App.3d 411 (1983)

452 N.E.2d 357

DAVID EARL HANES, Plaintiff and Counterdefendant-Appellee, v. ROOSEVELT NATIONAL LIFE INSURANCE COMPANY OF AMERICA, Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed July 21, 1983.

Attorney(s) appearing for the Case

Michael W. Atkins, of Springfield, for appellant.

Howard & Howard, of Mt. Vernon (G.W. Howard III, of counsel), for appellee.

Judgment reversed.

JUSTICE JONES delivered the opinion of the court:

Plaintiff, David Earl Hanes, brought this action to recover a monthly annuity benefit due him under an annuity policy written by the defendant, Roosevelt National Life Insurance Company of America (Roosevelt). The defendant filed a counterclaim to have the policy reformed because of a scrivener's error regarding the amount of the monthly benefit due the plaintiff. The trial court entered...

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