Plaintiff's husband, whose body was found 2 months after he was reported missing, was determined by medical examiner to have committed suicide. Plaintiff sued insurer for breach of contract, for failure to pay death benefit on life insurance policy. Court erred in finding for Plaintiff, as policy required "due proof" of death, which was never provided. "Due proof" requires more than mere notice of a subject's death. That insurer obtained husband's death certificate on its own, after Plaintiff filed suit, does not obviate her responsibility under the policy before suit. Court properly denied Plaintiff's motion to amend complaint to reinstate a count of "bad faith" as untimely, filed less than 3 months before trial. (PUCINSKI and WALKER, concurring.)
Illinois Appellate Court
Civil Court
Insurance