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JOHNSON-MADAY v. PRUDENTIAL INS. CO. OF AMERICA

No. 1-94-3049.

657 N.E.2d 1114 (1995)

276 Ill.App.3d 371

212 Ill.Dec. 769

Linda JOHNSON-MADAY, Plaintiff-Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied November 29, 1995.

Attorney(s) appearing for the Case

Widman, Goldberg & Zulkie, Ltd., Chicago (Joel L. Widman, of counsel), for appellant.

Carney & Brothers, Ltd., Chicago (Ellen E. Douglass, of counsel), for appellee.

Justice McNULTY delivered the opinion of the court:

Plaintiff, Linda Johnson-Maday, appeals from judgment entered in favor of defendant, the Prudential Insurance Company of America, following a bench trial on plaintiff's claim for breach of her insurance contract. We find that the trial court correctly construed section 367(2)(c) of the Illinois Insurance Code (Code) (Ill.Rev.Stat.1991, ch. 73, par. 979(2)(c) (now 215 ILCS 5/367(2)(c) (West 1994))), and therefore...

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