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Illinois State Trust Co. v. Employees Life Co.

FEBRUARY 1, 1956.

ILLINOIS STATE TRUST COMPANY, EXECUTOR OF LAST WILL AND TESTAMENT OF MARVIN E. GRAY, DECEASED, PLAINTIFF-APPELLEE,

v.

EMPLOYEES LIFE COMPANY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of St. Clair county; the Hon. QUINTEN SPIVEY, Judge, presiding. Judgment reversed.

PRESIDING JUSTICE BARDENS DELIVERED THE OPINION OF THE COURT.

Suit was brought by plaintiff to secure a death benefit under a policy issued by the defendant to plaintiff's testate. The case was submitted upon a stipulation of facts and judgment was rendered for plaintiff for $2,000, plus interest and costs of suit.

The facts stipulated were substantially as follows: That the policy in question was issued to Marvin E. Gray (who is plaintiff's testate), designating his wife Eugenia Gray as beneficiary, and was in full force on January 3, 1954, when the insured and his wife met death; that Gray and his wife were killed while he was operating and flying a Piper Pacer plane owned by him when said plane plunged into Lake Pontchartrain at New Orleans, Louisiana.

The policy about which the dispute arises is designated on the back "Employees Income Protection Policy" and states on the back and at the top of page 1: "This Policy Provides Benefits for Loss of Life and Time by Accidental Bodily Injuries and Loss of Time Caused by Illness to the Extent Herein Provided and is Renewable only at the Option of the Company."

On page 1 of the policy the insuring clause reads as follows:

"EMPLOYEES LIFE COMPANY

(Hereinafter called the Company)

Does Hereby Insure

The Insured named on page 4 of this policy (hereinafter called the Insured)

Against loss commencing while this policy is in force from:

(1) Accidental Bodily Injuries sustained or after the Effective Date of Issue of this policy (herein called injury); or

(2) Illness which has cause and beginning more than thirty (30) days after said Date (herein called illness).

For such injury or illness the Company agrees to pay indemnities to the Insured in the manner and to ...


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