BENSON v. BRADFORD MUT. FIRE INS. CORP.

No. 82-752.

121 Ill. App.3d 500 (1984)

459 N.E.2d 689

ELMER BENSON, not Indiv., but as Debtor-in-Possession for Elmer Benson, Indiv. and d/b/a Benson & Sons Denim Den, Debtor, Plaintiff-Appellant, v. BRADFORD MUTUAL FIRE INSURANCE CORPORATION, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied February 23, 1984.


Attorney(s) appearing for the Case

Richard J. Mason and Sharon P. Riley, both of Levit and Miller, Ltd., of Chicago, for appellant.

James R. Buck, of Klein, Stoddard & Buck, of Sycamore, for appellee.


Judgment affirmed.

PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

Plaintiff's appeal from a directed verdict in favor of the defendant raises the issue of the quantum of proof required to submit a theft claim to the jury in a suit on an insurance policy providing coverage for "[t]heft or attempt thereat, excluding * * * mysterious disappearance * * *."

Elmer Benson, as a debtor in possession under bankruptcy proceedings (Benson),...

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