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HENDERSON v. ROADWAY EXP.

No. 4-98-0928.

720 N.E.2d 1108 (1999)

308 Ill. App.3d 546

242 Ill.Dec. 153

Aaron W. HENDERSON, Plaintiff-Appellant, v. ROADWAY EXPRESS, Defendant (Liberty Life Assurance Company of Boston and Keyport Life Insurance Company, Intervenors-Appellees).

Appellate Court of Illinois, Fourth District.

Decided October 19, 1999.

Attorney(s) appearing for the Case

John B. Simon, Robert S. Markin, Russ M. Strobel (argued), Jenner & Block, David Lincoln Ader, Brian P. Mack, Ancel, Glink, Diamond, Cope & Bush, P.C., Chicago, for Aaron Henderson.

William A. Chittenden, III (argued), Laura A. Smith, Peterson & Ross, Chicago, for Liberty Life Assurance Company of Boston.

Michael Resis, Glen E. Amundsen, O'Hagan, Smith & Amundsen, LLC, Chicago, for Amicus Curiae State Farm Life Insurance Company.

Lorilea Buerkett, Emmet A. Fairfield, Brown, Hay & Stephens, Springfield, for Amicus Curiae National Assn. of Settlement Purchasers.

Justice COOK delivered the opinion of the court:

In August 1997, Aaron Henderson settled a personal injury lawsuit against Roadway Express. Pursuant to the settlement agreement, Henderson agreed to accept a lump-sum payment of $137,500, 14 future annual periodic payments of $2,500 each, and a $25,000 payment due in 2012. Paragraph 3 of the settlement agreement contained an antiassignment provision that provided:

"3.0 Plaintiff's Rights to Payments ...

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