Herrera v. BENEFIT TRUST LIFE INSUR. CO.

PRESIDING JUSTICE MEJDA

delivered the opinion of the court:

Plaintiff filed suit seeking total disability benefits pursuant to a Group Insurance Policy (the Policy) issued by defendant to plaintiff’s employer together with a claim for attorney fees, costs and punitive damages pursuant to section 155 of the Illinois Insurance Code (the Code) (Ill. Rev. Stat. 1983, ch. 73, par. 767). The trial court found that the determinative provision of the Policy was ambiguous and, accordingly, granted plaintiff’s motion for summary judgment as to defendant’s liability and denied defendant’s cross-motion for…