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GERAGHTY v. CONTINENTAL WESTERN LIFE INS.

No. 1-95-2634.

667 N.E.2d 510 (1996)

281 Ill. App.3d 669

217 Ill.Dec. 421

Thomas GERAGHTY, Plaintiff-Appellant, v. CONTINENTAL WESTERN LIFE INSURANCE COMPANY, M.S. Linderman and Associates, Inc. and Michael Geraty, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

March 27, 1996.

Attorney(s) appearing for the Case

Wahler, Pecyna and Fleming, Chicago, for appellant.

Cassiday, Schade & Gloor, Chicago (D. Patterson Gloor, Jennifer A. Keller, Donald F. Ivansek, of counsel), for Continental Western Life Insurance Company.

Richard M. Waris, William P. McGowen, III of Pretzel & Stouffer, Chartered, Chicago (Robert Marc Chemers, Daniel G. Willis, of counsel), for M.S. Linderman & Associates, Inc., & Michael Geraty.

Wahler, Pecyna and Fleming, of Chicago, IL, for appellee.

Justice GREIMAN delivered the opinion of the court:

Plaintiff Thomas Geraghty and his now-deceased wife Noreen Geraghty applied for life insurance with defendant Continental Western Life Insurance Company (Continental). After Noreen's death, plaintiff requested the death benefit for which they had applied, i.e., $250,000. Continental advised plaintiff that Noreen had been denied coverage due to pre-existing medical...

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