State Farm Mutual Automobile Insurance Co. v. Easterling

Illinois Appellate Court
Civil Court
Subrogation
Citation
Case Number: 
2014 IL App (1st) 133225
Decision Date: 
Thursday, September 18, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed.
Justice: 
TAYLOR
Insurer of injured driver paid driver's medical expenses and property damage and then sought reimbursement from driver of other car through subrogation rights from that driver's insurer. Insured injured driver had previously filed personal injury suit against other driver, and parties settled, and insurer endorsed settlement check. By signing settlement check, insurer did not give up all its subrogation rights, but only as to bodily injury. There was no accord and satisfaction of insurer's property damage claim as there was no evidcence of mutual intent to compromise the property damage claim.(FITZGERALD SMITH and EPSTEIN, concurring.)