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11/19/87 Chicago White Metal v. Andrea Emery Treiber

November 19, 1987

CHICAGO WHITE METAL CASTING, INC., PLAINTIFF-APPELLANT

v.

ANDREA EMERY TREIBER, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

517 N.E.2d 7, 162 Ill. App. 3d 562, 115 Ill. Dec. 42 1987.IL.1712

Appeal from the Circuit Court of Du Page County; the Hon. Robert D. McLaren, Judge, presiding.

APPELLATE Judges:

JUSTICE NASH delivered the opinion of the court. LINDBERG, P.J., and REINHARD, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH

Plaintiff, Chicago White Metal Casting, Inc., appeals from a directed verdict entered in favor of defendant, Andrea E. Treiber, and contends that the trial court erred in certain evidentiary rulings, and in directing the verdict for defendant.

The dispute upon which this appeal centers is the ownership of $33,000 representing the cash surrender value of a life insurance policy issued by The Penn Mutual Life Insurance Company. The insurance company made its check payable to defendant, as owner and beneficiary of the policy, and plaintiff seeks recovery of $27,676.40 of that sum as a refund of premiums paid by it to insure the life of its former employee, Roland Treiber, who is also defendant's former husband., Plaintiff purchased the insurance policy in 1974, and, as relevant to this case, its terms provided as follows:

"Policy No. 6074279

Insured: Roland J. Treiber

The owner and the beneficiary of each policy numbered above are designated as provided below . . ..

PART I. OWNER

All privileges of ownership . . . are vested in the Insured unless herein otherwise provided. If not in the Insured, privileges of ownership are as stated below in this Part I.

Privileges of ownership are vested in ANDREA TREIBER, wife of the insured, while living, and thereafter in the executors ...


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