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VILLAGE VIEW REST. v. AETNA LIFE & CAS. CO.

No. 85-2653.

162 Ill. App.3d 31 (1987)

515 N.E.2d 837

VILLAGE VIEW RESTAURANT, INC., Plaintiff-Appellee, v. AETNA LIFE AND CASUALTY COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed September 30, 1987.

Attorney(s) appearing for the Case

Thomas J. Doell, of Galliani and Doell, Ltd., of Chicago, for appellant.

John M. Mack, of Holstein, Mack & Associates, of Chicago (Susan P. Malone, of counsel), for appellee.

Reversed and remanded.

JUSTICE LORENZ delivered the opinion of the court:

Following a jury trial judgment was entered for Village View Restaurant, Inc., on its claim against its insurer, Aetna Life and Casualty Company, for losses arising from a fire on Village View's premises. On appeal Aetna contends: (1) a judgment n.o.v. should have been entered in Aetna's favor because Village View failed to comply with a policy requirement that a sworn proof of...

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