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Wickerath v. Western Southern Life Ins. Co.

Appellate Court of Illinois, First District
Apr 28, 1941
310 Ill. App. 266 (Ill. App. Ct. 1941)

Opinion

Gen. No. 41,588. (Abstract of Decision.)

Opinion filed April 28, 1941

INSURANCE, § 177facility of payment clause, person entitled to proceeds. In action on life insurance policy, where there were two claimants to the proceeds, court properly found in favor of deceased's administrator, as against a woman who lived with deceased but was not his wife, as under the facility of payment clause insurer had option to pay the person it thought equitably entitled to the proceeds, and indorsement of such woman's name as one to whom payment was requested was subject to all terms and conditions of the policy, the indorsement was a request, not a promise, and signature of insurer's secretary was a mere acknowledgment of notice of the request.

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

Appeal from Municipal Court of Chicago; Hon. CHARLES S. DOUGHERTY, presiding.

Judgments affirmed. Heard in first division, first district, this court at December term, 1940.

Peter V. Fazio, for appellant;

Conrad D. Philos, of counsel;

Hoyne, O'Connor Rubinkam, for appellee;

Nathaniel Rubinkam and James F. Flanagan, of counsel.


"Not to be published in full."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


Summaries of

Wickerath v. Western Southern Life Ins. Co.

Appellate Court of Illinois, First District
Apr 28, 1941
310 Ill. App. 266 (Ill. App. Ct. 1941)
Case details for

Wickerath v. Western Southern Life Ins. Co.

Case Details

Full title:Elizabeth Wickerath, Also Known as Elizabeth Unhoch, Appellant, v. Western…

Court:Appellate Court of Illinois, First District

Date published: Apr 28, 1941

Citations

310 Ill. App. 266 (Ill. App. Ct. 1941)
33 N.E.2d 746

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