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HOLLOWAY v. J.C. PENNEY LIFE INS. CO.

No. 97 C 4555.

4 F.Supp.2d 754 (1998)

Mardell HOLLOWAY, as heir of William Holloway, and Carolyn Gilbert and Charles Jones III, as heirs of Charles Jones II, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. J.C. PENNEY LIFE INSURANCE COMPANY, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

February 23, 1998.

Attorney(s) appearing for the Case

John G. Jacobs, Kevin B. Marsh, Plotkin & Jacobs, Ltd., Chicago, IL, S. Jerome Levy, Levy, Leopold & Associates, P.C., Chicago, IL, Joshua Karsh, Karl G. Leinberger, Plotkin, Jacobs & Orlofsky, Ltd., Chicago, IL, for Plaintiffs.

John A. Bannon, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, Marci A. Eisenstein, Heidi Dalenberg, Schiff, Hardin & Waite, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

ASPEN, Chief Judge.

The plaintiffs in this proposed class action case are the beneficiaries of insureds who purchased from J.C. Penney Life Insurance Company ("J.C. Penney") an accidental death policy which unambiguously excludes coverage of an insured whose blood alcohol level exceeds .10 percent at the time of his death. Pursuant to that policy, J.C. Penney refused to pay benefits to the plaintiffs following the deaths...

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