Ill. Telephone Assn v. Commerce Com‪.‬

The plaintiff, Economy Fire and Casualty Company, brought an action against Rose and William Warren, seeking rescission of a settlement agreement and restitution of proceeds paid to them pursuant to a fire insurance policy. Alternatively, the plaintiff sought a declaration of constructive trust for the payment of the proceeds. The trial court found that the settlement and payment were procured by fraud, and that the plaintiff had an equitable lien on the real estate owned by the defendants in the sum of $20,514.05 plus costs. Subsequent to the entry of judgment, the defendant Rose Warren died, and Linda Warren was appointed special administrator to represent the interest of the deceased defendants estate on appeal. On appeal, the defendants argue (1) the trial courts findings are contrary to the manifest weight of the evidence; (2) the defendant, William Warren, is an innocent co-insured and therefore entitled to receive one-half of the judgment and costs; and (3) the trial court abused its discretion in denying the defendant William Warrens motion for a continuance.