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ECONOMY FIRE & CASUALTY CO. v. WARREN

No. 78-924.

71 Ill. App.3d 625 (1979)

390 N.E.2d 361

ECONOMY FIRE AND CASUALTY COMPANY, Plaintiff-Appellee, v. WILLIAM WARREN et al., Defendants-Appellants.

Appellate Court of Illinois — First District (4th Division).

Opinion filed May 3, 1979.

Attorney(s) appearing for the Case

Howard T. Savage and Howard O. Edmonds, both of Chicago, for appellants.

Orner, Wasserman & Moore, of Chicago (Norton Wasserman and Helga E. Huber, of counsel), for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE JIGANTI delivered the opinion of the court:

The plaintiff, Economy Fire and Casualty Company, brought an action against Rose and William Warren, seeking rescission of a settlement agreement and restitution of proceeds paid to them pursuant to a fire insurance policy. Alternatively, the plaintiff sought a declaration of constructive trust for the payment of the proceeds. The trial court found that the settlement...

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