Garde v. Country Life Insurance Co.

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Decedent, Joseph Garde, applied for life insurance with defendant, Country Life Insurance Company (Country), was issued a binding receipt, and died while his policy application was pending. Plaintiffs, the beneficiaries, filed suit to compel payment of the proceeds. Country alleged decedent made material misrepresentations concerning his health and the existence of other insurance which voided any coverage under the binding receipt. The circuit court granted Country’s motion for summary judgment and dismissed the cause. Plaintiffs…