Hildebrand v. Franklin Life Insurance Co.
Illinois Appellate Court
455 N.E.2d 553 (1983)
- Written by Rich Walter, JD
Facts
Stephen Hildebrand applied for and paid the premium to obtain a life-insurance policy from Franklin Life Insurance Company (Franklin) (defendant). Franklin gave Stephen a conditional receipt, which stated that coverage would be retroactive to the date of application, provided that a subsequent check by Franklin’s underwriters showed that Stephen met all of Franklin’s conditions for insurability. Stephen was killed while Franklin’s determination was still pending. After learning of Stephen’s death, the company launched a special inquiry, which found that Stephen’s application concealed a dismal driving record, which made him a poor insurance risk. Franklin rejected Stephen’s application. Stephen’s mother and beneficiary, Judith Ann Hildebrand (Judith) (plaintiff), sued Franklin. The trial judge instructed the jury that Franklin had to prove that its underwriting policies conformed to an ordinarily prudent person’s reasonable expectations and that it processed Stephen’s application promptly and according to its regular procedures. The jury returned its verdict for Judith, and Franklin appealed to the Illinois Appellate Court.
Rule of Law
Issue
Holding and Reasoning (Miller, J.)
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