Byer Clinic and Chiropractic, LTD. v. State Farm Fire and Casualty Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2013 IL App (1st) 113038
Decision Date: 
Tuesday, March 12, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HARRIS
Court properly dismissed, per Section 2-619, clinic's declaratory judgment action against its insurer, finding that no justiciable controversy as to chiropractor named in underlying class action suit. Coverage issue raised by complaint was not ripe for adjudication, as insurer was presently defending chiropractor under reservation of rights and it had not filed declaratory judgment action contesting that defense. (QUINN and CONNORS, concurring.)