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NAT. BEN FRANKLIN IN. CO. v. DAVIDOVITCH

No. 83-562.

123 Ill. App.3d 88 (1984)

462 N.E.2d 696

NATIONAL BEN FRANKLIN INSURANCE COMPANY, Plaintiff-Appellant, v. PETER DAVIDOVITCH, Adm'r of the Estate of Mary Davidovitch, et al., Defendants (Employers Insurance Company of Wausau, Defendant-Appellee).

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied April 23, 1984.

Attorney(s) appearing for the Case

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (James T. Ferrini and Frank L. Schneider, of counsel), for appellant.

Schaffenegger, Watson and Peterson, Ltd., of Chicago (Jack L. Watson, of counsel), for appellee.

Judgment affirmed.

PRESIDING JUSTICE HARTMAN delivered the opinion of the court:

Plaintiff National Ben Franklin Insurance Company (National) appeals from a summary judgment granted to defendant Employers Insurance Company of Wausau (Employers). The issue on appeal is whether the circuit court erred by denying retroactive reformation of an erroneous endorsement in an insurance policy so as to exclude coverage to an individual mistakenly classified as an insured...

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