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Galindo v. Guarantee Trust Life Insurance Co.

December 16, 1980

WILLIAM GALINDO, JR., PLAINTIFF-APPELLANT,
v.
GUARANTEE TRUST LIFE INSURANCE COMPANY, A CORPORATION, DEFENDANT-APPELLEE



The opinion of the court was delivered by: Stouder, Justice.

Plaintiff William Galindo, Jr. initiated this action to recover benefits under an accident insurance policy issued by defendant Guarantee Trust Life Insurance Company. After each party moved for summary judgment, the circuit court of Peoria County entered judgment in defendant's favor. This appeal is from that judgment.

In October, 1974, plaintiff sustained a broken neck while playing in a high school football game and as a result of that injury, is a quadriplegic. The high school which plaintiff was attending at the time of his injury was a member of the Illinois High School Association (hereinafter IHSA). That association had an accident insurance policy, issued by defendant, providing various benefits for students injured in interscholastic athletic activities. The tint two issues with which we are presented concern the coverage afforded by the policy and its companion information brochure.

Plaintiff's initial assignments of error invoke the specific loss provision of the policy, which provides:

"Part III

Specific Loss Insurance

If the Insured by reason of injury shall sustain any one of the following specific losses within 180 days from the date of accident, the Company will pay for the loss of:

Life . . . . . . . . . . . . . . $1,000.00

Both Hands or Both Arms . . . . .10,000.00

Both Feet or Both Legs . . . . .10,000.00

Both Eyes . . . . . . . . . . . .10,000.00

One Hand and One Eye . . . . . . 5,000.00

One Foot and One Eye . . . . . . 5,000.00

One Hand or One Arm . . . . . . . 5,000.00

One Foot or One Leg . . . . . . ...


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