Legal Opinion · Concurrence

Weeks v. Aetna Insurance Co.

Appellate Court of Illinois

Decided November 26, 1986No. 85-0407Published

1Concurrence

JUSTICE LINDBERG,

specially concurring:

I respectfully dissent from the majority reasoning that the disability provision is so ambiguous as to be interpreted against the insurance company. (Bessler v. John Hancock Mutual Life Insurance Co. (1981), 99 Ill. App. 3d 230, 233, 425 N.E.2d 508.) While acknowledging that the policy must be read as a whole, the majority, nonetheless, does not cite the proof-of-loss and time-of-payment-of-claims provisions which are also found in the policy. Therefore, I conclude that when the policy is addressed in its entirety, the disability provision is not…

2Cases cited9 opinions

  1. Continental Life Insurance v. RogersIllinois Supreme Court · 1887
  2. Wysocki v. BedrosianAppellate Court of Illinois · 1984
  3. Scott v. Freeport Motor Casualty Co.Illinois Supreme Court · 1945
  4. Forman v. Prudential Insurance Co. of AmericaMichigan Supreme Court · 1944
  5. Donaldson v. Continental Illinois National Bank & Trust Co.Appellate Court of Illinois · 1985

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