PROVIDENT LIFE AND ACC. INS. v. SMITH

No. 1-93-1624.

639 N.E.2d 627 (1994)

266 Ill.App.3d 705

203 Ill.Dec. 307

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Plaintiff-Appellant, v. Stephen E. SMITH, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

August 19, 1994.


Attorney(s) appearing for the Case

Michael J. Smith & Associates, Chicago (Michael J. Smith, of counsel) for appellant.

McBreen, McBreen & Kopko, Chicago (Hugh G. McBreen and Annie K. Strobl) for appellee.


Justice McNULTY delivered the opinion of the court:

Plaintiff Provident Life and Accident Insurance Company (Provident) brought an action in the Chancery Division of the circuit court of Cook County for rescission of two policies of disability insurance issued on June 30, 1987, by Provident to Stephen E. Smith (Smith). Smith filed a counterclaim for breach of contract. Action thereon was stayed pending resolution of the rescission action. The trial court denied Provident...

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