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LAUER v. AMERICAN FAMILY LIFE INS. CO.

No. 91804.

769 N.E.2d 924 (2002)

199 Ill.2d 384

264 Ill.Dec. 87

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

Supreme Court of Illinois.

Rehearing Denied May 29, 2002.

Attorney(s) appearing for the Case

Peterson & Ross, Chicago (Sean Patrick MacCarthy, Craig M. Bargher, of Counsel), for appellant.

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

Justice THOMAS delivered the opinion of the court:

At issue is whether an insurance company can validly make the two-year contestability period in a life insurance policy begin on the policy's issue date rather than on the date it issues a conditional receipt to the insured. We hold that it can.

BACKGROUND

The facts are undisputed. On March 23, 1997, Albert Lauer applied for life insurance with defendant, American Family Life Insurance Company. In...

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