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FEDERAL KEMPER LIFE ASSURANCE CO. v. OLD REPUBLIC SUR. CO.

No. 1-89-2272.

561 N.E.2d 1208 (1990)

204 Ill. App.3d 387

149 Ill.Dec. 512

FEDERAL KEMPER LIFE ASSURANCE COMPANY, Plaintiff-Appellant, v. OLD REPUBLIC SURETY COMPANY, Defendant-Appellee (Paul Eichwedel, Defendant).

Appellate Court of Illinois, First District, Fourth Division.

September 27, 1990.

Attorney(s) appearing for the Case

Baker & McKenzie, Chicago (Francis D. Morrissey, William Lynch Schaller, L. Michael Tarpey, of counsel), for plaintiff-appellant.

Richard S. Wisner, Scott O. Reed, Patrick G. Donnelly of Pretzel & Stouffer, Chartered, Chicago (Robert Marc Chemers, Scott O. Reed, of counsel), for defendant-appellee.

Justice JIGANTI delivered the opinion of the court:

The plaintiff, Federal Kemper Life Assurance Company (Kemper), appeals from an order of the circuit court dismissing its complaint against the defendant, Old Republic Surety Company (Surety), for failure to state a cause of action. Essentially, Kemper alleged that it was defrauded by defendant Paul Eichwedel while Eichwedel was acting in his capacity as administrator of the estate of David Schultz. Kemper sought...

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