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EVALUATION SYSTEMS, INC. v. AETNA LIFE INS. CO.

No. 82 C 5591.

555 F.Supp. 116 (1982)

EVALUATION SYSTEMS, INC., Plaintiff, v. AETNA LIFE INSURANCE COMPANY, Defendant. AETNA LIFE INSURANCE COMPANY, Counterplaintiff, v. EVALUATION SYSTEMS, INC. and Vreni Naess, Counterdefendants.

United States District Court, N.D. Illinois, E.D.

December 23, 1982.

Attorney(s) appearing for the Case

Thomas P. Aiello, Elliott, Carrane, Freifeld & Uruba, Chicago, Ill., for plaintiff.

Jill B. Berkeley, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Evaluation Systems, Inc. ("Evaluation Systems") sues Aetna Life Insurance Company ("Aetna"), seeking recovery of (1) $75,000 in insurance proceeds (Count I) and (2) statutory damages under Illinois Insurance Code § 155 (Ill.Rev.Stat. ch. 73, § 767) for Aetna's "vexatious and unreasonable" refusal to pay (Count II). Two motions have been submitted and briefed by the parties:

1. Aetna...

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