Ziolkowski v. Continental Casualty Co.

We granted appellant, the Continental Casualty Company, leave to appeal from a judgment of the Appellate Court for the First District in favor of Steve Ziolkowski, appellee, who was the beneficiary named in the accident insurance policy issued by the company to the deceased, Joseph Sarnowski.

On May 19, 1930, Ziolkowski filed the declaration, containing one count and also a copy of the policy of insurance, in the superior court of Cook county. He obtained a judgment in that court, but on the first appeal the judgment was reversed and the cause remanded for a new trial, because of the exclusion…