Supreme Court of Illinois

Summary judgment was improper in an action seeking rescission of a health insurance policy, based on misrepresentations, where issues of genuine fact exist as to materiality and as to whether the insurer would have issued the policy had it known the true facts.

Appellate Information

• Decided 01/24/2003
• Published 04/11/2003

Judges

• Justice FREEMAN delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Deane B. Brown, of Beermann, Swerdlove, Woloshin, Barezky, Becker, Genin & London, and Warren Lupel of Katz, Randall, Weinberg & Richmond, Chicago, for appellant.


• For Appellees:
  
• William J. Harte, Erik D. Gruber and Daniel J. McMahon, Chicago, and David A. Anderson, Indianapolis, Indiana, for appellee.