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WARD-KELLEY v. FORTIS INS. CO.

No. 01 C 7808.

227 F.Supp.2d 972 (2002)

Tina M. WARD-KELLEY, Plaintiff, v. FORTIS INSURANCE CO., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

October 18, 2002.

Attorney(s) appearing for the Case

Richard S. Zachary, Law Office of Richard Zachary, Chicago, IL, for Plaintiff.

Joseph J. Hasman, David Faulkner Schmidt, Peterson & Ross, LLC, Panos T. Topalis, Tribler, Orpett & Crone, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Tina Ward-Kelley is the primary beneficiary of her husband's life insurance policy. Larrue Kelley purchased the policy in 1999 from Fortis Insurance Company ("Fortis"). On February 16, 2000, Mr. Kelley was killed in an accident. Ms. Ward-Kelley made a claim on the policy, which Fortis denied on the grounds that Mr. Kelley misrepresented his weight and medical history during the application process...

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