Prater v. J. C. Penney Life Insurance

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiff Joanne Prater sued J. C. Penney Life Insurance Company for breach of contract when it refused to pay plaintiff accidental life insurance benefits because it found that the named insured, John Prater, died while committing or attempting to commit an assault or felony. Following a trial without a jury, the court entered judgment in favor of defendant. Plaintiff appeals, contending that the trial court’s decision is contrary to the manifest weight of the evidence.

At the time of the death of plaintiff’s husband, he was covered…