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HORWITZ EX REL. v. BANKERS LIFE AND CAS. CO.

No. 1-00-0336.

745 N.E.2d 591 (2001)

319 Ill. App.3d 390

253 Ill.Dec. 468

Fern HORWITZ, by Mark GILBERT, Her Father and Attorney-In-Fact, Indiv. and on Behalf of Those Similarly Situated, Plaintiff-Appellant, v. BANKERS LIFE AND CASUALTY COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

February 16, 2001.

Attorney(s) appearing for the Case

Krislov & Associates, Ltd., Chicago (Clinton A. Krislov and Kenneth T. Goldstein, of counsel), Shernoff, Bidart, Darras & Dillon, Claremont, CA (Timothy P. Dillon, of counsel), for Appellant.

Sidley & Austin, Chicago (Constantine L. Trela, Jr., Walter C. Carlson and Jeffrey C. Sharer, of counsel), for Appellee.

Justice GREIMAN delivered the opinion of the court:

Plaintiff Fern Horwitz (Horwitz), by her father and attorney-in-fact, brought this action on behalf of herself and a purported class of policyholders who were allegedly injured by the manner in which the defendant insurance company, Bankers Life & Casualty Company (Bankers), calculated and applied its premium rates for individual health insurance policies. Plaintiff claimed that the manner in which Bankers calculated...

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