Burress-Taylor v. American Security Insurance Company

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 110554
Decision Date: 
October 26, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
PALMER
Holding: 
Reversed.
Insured, whose home was damaged by fire, filed action under Consumer Fraud Act, and alleging breach of contract, to recover insurance proceeds for her claim. Consumer Fraud Act claim was separate and independent of breach of contract claim, and thus claim was not preempted by Section 155 of Insurance Code. Plaintiff properly raised three elements of a fraud claim. (GARCIA and GORDON, concurring.)