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GARDE v. INTER-OCEAN INS. CO.

No. 87-1396.

842 F.2d 175 (1988)

Mike GARDE, a/k/a Michael Garde, and James Garde, Plaintiffs-Appellants, v. INTER-OCEAN INSURANCE COMPANY, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 15, 1988.

Attorney(s) appearing for the Case

Rick Verticchio, Verticchio & Verticchio, Gillespie, Ill., for plaintiffs-appellants.

Lynn D. Dowd, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendant-appellee.

Before BAUER, Chief Judge, RIPPLE, Circuit Judge, and WILL, Senior District Judge.

WILL, Senior District Judge.

The Facts

The plaintiffs are the named beneficiaries in a $100,000 life insurance policy application on the life of Joseph Garde, a resident of Jacksonville, Illinois. The defendant, Inter-Ocean Insurance Company ("IOI"), did not issue a policy to Garde but its agent gave him a conditional receipt. Garde's application was made on February 2, 1983 following discussions with James Harold Long, an IOI agent.

Garde...

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