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Supreme Court of Illinois


Barth v. State Farm Fire & Cas. Co., 104378

In a suit seeking damages after denial of insurance coverage for a home destroyed by fire, where plaintiff allegedly misrepresented his financial status, judgment for defendant is affirmed as: 1) defendant-insurance company need not prove reasonable reliance or injury under the exclusionary provision at issue because it is distinguishable from an affirmative defense relying on common law fraud; and 2) the materiality instruction given was sufficient to state the correct law to the jury.

Appellate Information

  • Decided 03/20/2008
  • Published 03/20/2008

Judges

Court

  • Supreme Court of Illinois

Counsel

  • For Appellant:
  • Paul E. Adami, of Mohan, Alewelt, Prillaman & Adami, Springfield, for appellants.

  • For Appellees:
  • Jonathan W. Foreman, Mahomet, Michael T. Reagan, Michael C. Jansz, of Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., Ottawa, for appellee.
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