G.M. Sign, Inc. v. Schane

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (2d) 120434
Decision Date: 
March 1, 2013
2d Dist.
Lake Co.
Reversed and remanded with directions.
Underlying class action asserted claims under federal Telephone Consumer Protection Act, conversion, and violations of Consumer Fraud Act, for sending mass, unsolicited fax advertisements to 40 entities. Defendant's insurer disclaimed any insurance coverage obligation, and court entered approval of settlement agreement and judgment against Defendant for $4.9 million. Court improperly dismissed insurer's Section 2-1401 petition to vacate or modify class action judgment, as insurer, though a nonparty, had standing to file petition and did not lack due diligence in its decision not to accept defense tender. (McLAREN and HUDSON, concurring.)