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HILDEBRAND v. FRANKLIN LIFE INSUR. CO.

No. 4-82-0593.

118 Ill. App.3d 861 (1983)

455 N.E.2d 553

JUDITH ANN HILDEBRAND, Plaintiff-Appellee, v. FRANKLIN LIFE INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied November 18, 1983.

Attorney(s) appearing for the Case

Frederick H. Stone, of Franklin Life Insurance Company, of Springfield, and Richard F. Record, Jr., of Craig & Craig, of Mattoon, for appellant.

Dale A. Cini, of Ryan, Grabb, Cini & Bennett, of Mattoon, for appellee.

Reversed and remanded.

JUSTICE MILLER delivered the opinion of the court:

The plaintiff's son, Stephen Hildebrand, applied for a policy of life insurance with the defendant, gave the defendant's agent a check for the first month's premium, and received a conditional premium receipt in return; he died while his application was on its way to the defendant's home office. Aware of the death, the defendant investigated the applicant's answers to some questions...

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