Direct Auto Insurance Company v. Beltran

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121128
Decision Date: 
September 27, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
GORDON
Holding: 
Affirmed.
(Court opinion corrected 10/1/13.) Insurer filed declaratory judgment action, arguing that policy it issued to Defendant was rescinded and null and void, ab initio. Subrogation action from car accident alleged negligent entrustment to driver by policyholder. Any misrepresentation by policyholder was not material, as she did not misstate the number of regular drivers of her vehicle, and did not substantially increase chances of events insured against. Default of some defendants is not an admission by the other defendants, as treating factual allegations of a complaint as "evidence" would place improper burden upon nondefaulting Defendants. (PALMER and TAYLOR, concurring.)