Summary
In Bilton v. Pure Protection Ins. Ass'n, 319 Ill. App. 644 cited by the plaintiff the trial court allowed fees. Here the trial court denied fees.
Summary of this case from Julian Foundry Co. v. Fidelity Casualty Co.Opinion
Gen. No. 42,575. (Abstract of Decision.)
Opinion filed June 16, 1943
PLEADING, § 126 — non-necessity for and waiver of reply. In action against defendant insurer to recover benefits due under policy of burial insurance, contention of defendant that judgment for plaintiff should be reversed on ground that plaintiff's failure to file replication to its sworn answer alleging affirmative defenses constituted an admission of all facts pleaded therein, including averments of misrepresentation with respect to health of insured contained in application, was untenable, where plaintiff's motion and affidavit for summary judgment were on file when defendant interposed its affidavit of merits, and averments of affidavit of merits raised no new matters requiring a reply, and defendant offered no evidence at trial in support of defense interposed, and where, in addition, defendant waived a reply by failing to object to state of pleadings.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. HAROLD P. O'CONNELL, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the February term, 1943.
Meyer A. Ginsburg, for appellant;
Edwin A. Halligan and Irving Bilton, for appellee.
"Not to be published in full." Opinion filed June 16, 1943.