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PELESCHAK v. VEREX ASSUR., INC

Nos. 1-93-3858, 1-94-0071.

651 N.E.2d 562 (1995)

272 Ill. App.3d 1077

209 Ill.Dec. 384

Linda Greene PELESCHAK, on behalf of herself and all other persons similarly situated, Plaintiff-Appellee, v. VEREX ASSURANCE, INC., a Wisconsin Corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied June 23, 1995.

Attorney(s) appearing for the Case

Reuben L. Hedlund, Michael Rachlis, Kevin B. Duff, Hedlund Hanley & John, Chicago, IL, for defendant-appellant Verex Assurance, Inc.

Martha A. Churchill, Gen. Counsel, Mid-America Legal Foundation, Chicago, IL, in support of defendant-appellant amicus curiae.

Larry D. Drury, Larry D. Drury, Ltd., Chicago, IL, Sheldon Schwartz, Buffalo Grove, IL, for plaintiff-appellee.

Presiding Justice McNAMARA delivered the opinion of the court:

Plaintiff, Linda Greene Peleschak, filed this class action lawsuit against defendant, Verex Assurance, Inc., a home mortgage guaranty insurer, seeking recovery of unearned premiums paid to Verex by its customers, home mortgage lenders, for the cost of mortgage guaranty insurance, but not returned to the lenders in cases where the amount of the unearned premium was less than $25 at the time the insurance...

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