American Access Casualty Company v. Griffin

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 130665
Decision Date: 
March 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
LAMPKIN
Holding: 
Reversed and remanded.
Insurer filed declaratory judgment complaint seeking declaration that it owes no duty to defend or indemnify driver for losses caused by her use of a vehicle owned by her mother. Court erred in granting summary judgment, as Plaintiff's affidavit is insufficient to demonstrate that its right to judgment is clear and free from doubt. Insurer may not rely on default judgment entered against driver and her mother in support of its motion for summary judgment. (HALL and REYES, concurring.)