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GOLDEN RULE INS. CO. v. SCHWARTZ

No. 1-00-0889.

751 N.E.2d 123 (2001)

323 Ill. App.3d 86

256 Ill.Dec. 70

GOLDEN RULE INSURANCE COMPANY, Plaintiff/Counter-Defendant-Appellant/Cross-Appellee, v. Mark SCHWARTZ, Defendant/Counter-Plaintiff-Appellee/Cross-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied July 19, 2001.

Attorney(s) appearing for the Case

Erik D. Gruber, William J. Harte, Ltd., Chicago, David A. Anderson, Anderson & Associates, P.C., Indianapolis, IN, for Plaintiff/Counter-Defendant-Appellant/Cross-Appellee.

Warren Lupel, Deane B. Brown, Katz Randall Weinberg & Richmond, Chicago, for Defendant/Counter-Plaintiff-Appellee/Cross-Appellant.

Justice WOLFSON delivered the opinion of the court:

The first question we must answer is metaphysical in nature but of practical importance to the parties in this medical insurance coverage dispute: Can someone be held responsible for making a misrepresentation if he does not know his words are untrue? We are required by prior decisions to say the answer is yes in this case.

BACKGROUND

Golden Rule Insurance Company (Golden Rule) filed this...

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