American Country Insurance Co. v. Chicago Carriage Cab Corp.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 110761
Decision Date: 
August 17, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
GORDON
Holding: 
Affirmed.
Policyholder alleged that he was assaulted, battered, and robbed in cab, and by his testimony in underlying case he is judicially estopped from claiming that material issue of fact exists, and from presenting a new position in a legal proceeding contrary to position successfully argued in earlier proceeding. Thus, his injuries did not arise out of ownership or use of auto as provided by cab's insurance policy. (LAMPKIN and PALMER, concurring.)