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People ex rel. Paul F. Jones, Director of Insurance of State of Illinois, Appellee, v. Now Home Benefit Association, Respondent. Sarah A. Scaggs, Appellant.

INSURANCE, § 528 — when decree disallowing claim under benefit certificate will be reversed. On review of decree disallowing death claim, made pursuant to certificate issued by defendant benefit association which originally was incorporated under "not for profit" act of 1872 and which subsequently was reincorporated under mutual benefit association act of 1927, and otherwise valid, held that, under evidence of fraud on part of defendant in connection with matter of allegedly necessary reinstatement of certificate which defendant claimed had lapsed by reason of nonpayment of assessments, decree would be reversed and cause would be remanded with directions to allow claim, plus interest from date of proof of death.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed February 6, 1945; released for publication February 20, 1945.

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PEOPLE EX REL. JONES v. NEW HOME BENEFIT ASS'N
(Feb 6, 1945)