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BERRY v. AMERICAN COMMUNITY MUT. INS. CO.

No. 93-1194.

855 F.Supp. 256 (1994)

Thomas C. BERRY, Plaintiff, v. AMERICAN COMMUNITY MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, C.D. Illinois, Peoria Division.

May 31, 1994.

Attorney(s) appearing for the Case

James W. Yoder, Bloomington, IL, for plaintiff.

Gary D. Nelson, Karen L. Kendall, and James J. Manning, Heyl Royster Voelker & Allen, Peoria, IL, for defendant.

ORDER

McDADE, District Judge.

Before the Court is a Motion for Summary Judgment filed by Defendant, American Community Mutual Insurance Company (# 5-1) ("ACMIC"), seeking a determination that Plaintiff, Thomas C. Berry ("Mr. Berry"), made a material misrepresentation on an insurance application which nullifies his policy under the Illinois Insurance Code, 215 ILCS 5/154 (1992). For the reasons set forth below, the motion is granted.

BACKGROUND...

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