Walsh v. Monumental Life Insurance

MR. PRESIDING JUSTICE SCHWARTZ

delivered the opinion of the court.

This is an appeal from a summary judgment entered in favor of defendants. Plaintiff brought suit as the beneficiary of an insurance policy issued by defendant Monumental Life Insurance Company (hereinafter referred to as the company) on the life of her husband John J. Walsh, Jr. For reasons which will later appear, she joined as defendant one Walter Herald, alleged by her to be the agent of the company.

Section 57(3) of the Civil Practice Act (Ill Rev Stats, c 110, § 57(3) (1963)) provides that a summary judgment or decree sought…