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MIDLAND STATES LIFE INS. CO. v. HAMIDEH

No. 1-98-4617.

724 N.E.2d 32 (1999)

311 Ill. App.3d 127

243 Ill.Dec. 723

MIDLAND STATES LIFE INSURANCE CO., Plaintiff-Appellant, v. Abla HAMIDEH, Defendant-Appellee (Samy Hammad, Third-Party Intervenor-Appellee, and Illinois Department of the Lottery, Citation Respondent-Appellee).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied January 27, 2000.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, Chicago (Peter D. Sullivan and Christine L. Olson of counsel), for Appellant.

Ordower & Ordower, P.C., Chicago (Lawrence B. Ordower of counsel), for Third Party Intervenor Appellee.

James E. Ryan, Attorney General; Joel D. Bertocchi, Solicitor General; and John P. Schmidt, Assistant Attorney General, Chicago, for Citation Respondent Appellee.

Justice WOLFSON delivered the opinion of the court:

The question in this case is whether an Illinois State Lottery winner can pledge as collateral for a loan her right to receive payments of her winnings. In this case of first impression, we hold she cannot. We agree with the trial court that her pledge of lottery payments was an invalid assignment pursuant to Section 13 of the Lottery Law.

FACTS

On August 10, 1996, Abla Hamideh (Hamideh)...

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