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WHITTEN v. CINCINNATI INSURANCE CO.

No. 4-89-0123.

189 Ill. App.3d 90 (1989)

544 N.E.2d 1169

DAN L. WHITTEN et al., Plaintiffs-Appellees and Cross-Appellants, v. CINCINNATI INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed September 28, 1989.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, of Springfield (Michael C. Upperman, Jr., of counsel), for appellant.

Law Office of Timothy D. Sturm, of Springfield (Timothy D. Sturm, of counsel), for appellees.

Affirmed as modified.

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court:

Topline Systems, Inc. (Topline), contracted to purchase three acres of land, a house, and a barn from Federal Land Bank (Bank). Closing was conditioned on plaintiffs Dan and Leona Whitten, officers and common shareholders of Topline, procuring an insurance policy for $70,000 on the property and the Bank obtaining clear title. The Whittens purchased homeowner's insurance...

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