Pekin Insurance Company v. Campbell

Plaintiff insurer filed complaint to rescind workers' compensation policy it issued to construction company, citing misrepresentations as to number of persons employed. Court properly dismissed Defendant's motion to reconsider his Section 2-1401 petition to vacate default judgment. As a result of default, Defendant admitted allegation that named person was an employee, as a default admits facts alleged against a defendant in complaint to be true. Even if trial court had concurrent jurisdiction with Workers' Compensation Commission, it would not have been error for court to retain jurisdiction. (KNECHT and TURNER, concurring.)