Gieseke v. Hardware Dealers Mutual Fire Insurance

This is the second appeal of this case — the first was reported in 46 Ill App2d 131—and sets forth the detailed factual background of the litigation. Briefly, the plaintiff, as administrator of the estate of his deceased son, sued M. F. Wallensack and the Hardware Dealers Mutual Fire Insurance Company for the sum of $10,000, allegedly the amount of death indemnity which should have been included in an automobile insurance policy ordered by or on behalf, of the decedent.

The insurance was ordered shortly before the death of the decedent, but the policy did not arrive until thereafter. When…