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Schafer v. Valley Forge Life Insurance
Citations: 23 Ill. App. 3d 47; 318 N.E.2d 308; 1974 Ill. App. LEXIS 1781Docket: No. 73-86
Court: Appellate Court of Illinois; October 4, 1974; Illinois; State Appellate Court
The court opinion delivered by Mr. Justice Dixon addresses a case concerning the recovery of group insurance benefits for the life of Peter F. Schafer. The Circuit Court of Kane County had denied the recovery based on alleged fraudulent misrepresentations made by Schafer in his insurance application, specifically relating to his health status. Schafer had claimed he was in good health and had not sought medical treatment, despite evidence that he had received treatment for a heart condition shortly before applying. The court found that the insurance company failed to comply with a contractual provision that required a copy of the application to be provided to either the insured or the beneficiary prior to the insured's death. The insurance policy, which constituted the entire contract, stated that no statements made by the insured could be used to contest the policy unless a copy had been furnished to the insured or the beneficiary. The defendant did not present evidence that such a copy was provided. The court emphasized that the purpose of this provision is to allow the insured to review and correct any misstatements while alive, and that providing a copy posthumously would not fulfill this purpose. Consequently, the appellate court reversed the summary judgment granted to the insurance company and remanded the case for further proceedings, instructing the trial court to vacate the summary judgment in favor of the defendant. Judges Scott and Stouder concurred with the decision.