Illinois Appellate Court
Civil Court
Insurance
Court did not err in granting summary judgment for insurer on counterclaim for attorney fees and costs pursuant to Section 155 of Illinois Insurance Code, as insurer had a bona fide dispute as to its coverage of Defendant's hit-and-run claim, and as Defendant provided insufficient record to support her other contentions. Insurer did not act vexatiously or unreasonably in contesting hit-and-run claim, as there was competent evidence of a single-car collision as well as evidence of a hit-and-run scenario. Insurer's actions in obtaining default judgment in its favor were grounded in its litigation of bona fide claim. The fact that court ultimately found that insurer was required to cover accident does not render insurer's declaratory judgment suit vexatious or unreasonable. (HOWSE and COBBS, concurring.)