PEKIN LIFE v. SCHMID FAMILY IRREVOCABLE

No. 1-04-1453.

834 N.E.2d 531 (2005)

359 Ill. App.3d 674

295 Ill.Dec. 950

PEKIN LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. SCHMID FAMILY IRREVOCABLE TRUST and Nancy L. Schmid, individually and as Trustee of the Schmid Family Irrevocable Trust, Defendants-Appellees. Schmid Family Irrevocable Trust, Counter-Plaintiff, v. Pekin Life Insurance Company and Daniel Berlin, Counter-Defendants.

Appellate Court of Illinois, First District, Second Division.

August 16, 2005.


Attorney(s) appearing for the Case

Robert Marc Chemers and David S. Osborne, Pretzel & Stouffer, Chartered, Chicago, for Appellant.

Price Tunney Reiter, P.C., Chicago, for Daniel Berlin.

Marios N. Karayannis, Brady & Jensen, LLP, Elgin, for Appellees.


Justice WOLFSON delivered the opinion of the court:

Plaintiff Pekin Life Insurance Company (Pekin) sought a declaration that it was not required to pay life insurance claims submitted by defendants, the Schmid Family Irrevocable Trust (the Trust) and Nancy Schmid (Nancy). Pekin contended the two policies relied on by defendants were not in effect when the insured Gustav Schmid (Gustav) died. In response, the defendants filed a countercomplaint against Pekin alleging...

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