Layne v. Prudence Life Ins. Co.

Full title: Myrtle Layne, Appellee, v. Prudence Life Insurance Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: Nov 28, 1941

312 Ill. App. 182 (Ill. App. Ct. 1941)

37 N.E.2d 895

Opinion

Gen. No. 41,799. (Abstract of Decision.)

Opinion filed November 28, 1941

INSURANCE, § 356^_ — failure to notify insurer of subsequent illness as bar. Where provision of hospital and surgical operation expense policy followed language of statute as to notice to insurer, and plaintiff gave notice of operation which was excluded under policy, but did not notify insurer that, following operation, influenza developed, since claim was based on excluded operation, failure to notify insurer of influenza upon which insured's claim was subsequently based precluded recovery under policy (Ill. Rev. Stat. 1939, ch. 73, § 969 (4) (C) 4; Jones Ill. Stats. Ann. 66.1032).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. NUNCIO J. BONELLI, presiding.

Judgment reversed. Heard in second division, first district, this court at June term, 1941.

Ehler Austin, for appellant;

Casimir R. Wachowski, of counsel;

Arnold S. Kabaker, for appellee.

Opinion by PRESIDING JUSTICE SCNLAN.

"Not to be published in full." Opinion filed November 28, 1941.