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BENEDICT v. FEDERAL KEMPER LIFE ASSUR. CO.

No. 1-99-3758.

759 N.E.2d 23 (2001)

325 Ill. App.3d 820

259 Ill.Dec. 543

Charles BENEDICT and Frederick J. Hanifan, Indiv. and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. FEDERAL KEMPER LIFE ASSURANCE COMPANY, d/b/a Zurich Kemper Life, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

October 9, 2001.

Attorney(s) appearing for the Case

Glen DeValerio, John Peter Zavez, John Pentz, Berman DeValerio & Pease LLP, Boston MA, Michael B. Hyman, William H. London, Much Shelist Freed Denenberg Ament & Rubenstein, P.C., Chicago, Richard J. Vita, Boston, MA, for Appellants.

J. Kevin McCall, Clark C. Johnson, Jenner & Block, Chicago, for Appellee.

Justice TULLY delivered the opinion of the court:

Plaintiffs, Charles Benedict and Frederick J. Hanifan, appeal the circuit court's dismissal with prejudice of their second amended complaint for failure to state a cause of action. Plaintiffs filed a one-count complaint for breach of contract based upon whole life insurance policies sold to them by defendant, Federal Kemper Life Assurance Company, d/b/a Zurich Kemper Life (Kemper). Plaintiffs allege that they purchased...

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