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KNYSAK v. SHELTER LIFE INS. CO.

No. 5-94-0434.

652 N.E.2d 832 (1995)

273 Ill. App.3d 360

210 Ill.Dec. 30

Eugene KNYSAK, Plaintiff-Appellee, v. SHELTER LIFE INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

June 30, 1995.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, Chicago (Stephen R. Swofford, Mark D. Bauman and Christine L. Olson, of counsel), for appellant.

Edward J. Kionka, Carbondale, Jerald J. Bonifield, Belleville, for appellee.

Justice WILLIAM A. LEWIS delivered the opinion of the court:

"Born but to die, and reas'ning but to err;" Alexander Pope, An Essay on Man, Epistle II.

The appellate courts definitely need some direction from the supreme court in defining "misrepresentation," when construing applications for automobile, health, or life insurance. What has happened is that in Campbell v. Prudential Insurance Co. of America (1958), 15 Ill.2d...

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