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LAUER v. AMERICAN FAMILY LIFE INS. CO.

No. 1-00-0340.

748 N.E.2d 260 (2001)

321 Ill. App.3d 890

254 Ill.Dec. 814

Marilyn LAUER, Plaintiff-Appellant, v. AMERICAN FAMILY LIFE INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied May 17, 2001.

Attorney(s) appearing for the Case

Schoen & Smith, Ltd., Chicago (Lee J. Schoen, of counsel), for Appellant.

Peterson & Ross, Chicago (Sean Patrick MacCarthy, of counsel), for Appellee.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Plaintiff, Marilyn Lauer, the beneficiary under her husband's life insurance policy, filed a two-count complaint seeking a declaratory judgment that the policy was incontestable at the time of her husband's death (count I), and alleging defendant, American Family Life Insurance Company, breached the contract by failing to pay death benefits under the policy (count II). The circuit court dismissed count...

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