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AM. COLL. OF SURG. v. LUMBER. MUT. CAS. CO.

No. 83-3080.

142 Ill. App.3d 680 (1986)

491 N.E.2d 1179

AMERICAN COLLEGE OF SURGEONS, Plaintiff-Appellant and Cross-Appellee, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant-Appellee and Cross-Appellant.

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

Opinion filed March 25, 1986.

Attorney(s) appearing for the Case

Roy S. Kullby, Allan E. Lapidus and Gifford R. Zimmerman, all of Vedder, Price, Kaufman & Kammholz, of Chicago, for appellant.

James T. Ferrini, Frank L. Schneider and Katherine S. Dedrick, all of Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago, for appellee.

Affirmed in part and reversed in part.

PRESIDING JUSTICE BILANDIC delivered the opinion of the court:

Plaintiff, American College of Surgeons (hereinafter ACS), filed a breach of contract action against defendant Lumbermens Mutual Casualty Company (hereinafter LMC) alleging that defendant agreed to return to plaintiff "retention reserves" in the form of dividends for a period of 10 years after the policies terminated. ACS cancelled its policies in 1974 and...

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