Opinion
Gen. No. 43,235. (Abstract of Decisions.)
Opinion filed December 20, 1945 Released for publication January 8, 1946
INSURANCE, § 76 — when delivery of policy was prerequisite to liability of insurance company. In action to recover upon insurance policy, where it appeared that application provided, among other things, that defendant should not be liable until policy had been issued and delivered during lifetime of applicant, and plaintiffs contended that defendant by its conduct waived actual delivery of policy by accepting premium, issuing policy and requesting death certificate, held that evidence did not tend to prove that defendant intended to waive delivery requirement.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. DONALD S. McKINLAY, Judge, presiding.
Judgment reversed. Heard in the third division, first district, this court at the October term, 1944.
Hoyne, O'Connor Rubinkam, for appellant;
Nathaniel Rubinkam and Melvin L. Gibbard, of counsel, and Eckert Peterson, Nathaniel Rubinkam, also for appellant;
Tom Leeming, Owen Rall and Melvin L. Gibbard, of counsel;
Joseph Barbera, for appellee.
Not to be published in full. Opinion filed December 20, 1945; released for publication January 8, 1946.