Centro Medico Panamericano, Ltd v. Laborers’ Welfare Fund of the Health and Welfare Department of the Construction and General Laborers’ District Council of Chicago and Vicinity

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2015 IL App (1st) 141690
Decision Date: 
Wednesday, May 13, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN
(Court opinion corrected 5/28/15.) Court properly granted motion for summary judgment for Defendant (a multiemployer ERISA welfare fund) in insurance coverage dispute. Court properly held that Plaintiff failed to establish prima facie case for promissory estoppel, to support claim that Defendant's service representative made unambiguous promise about extent of insurance coverage. Court properly allowed Defendant's claim director's affidavit as to standard practice of service representatives in responding to calls, even though she was not a party to calls, and as to common business practices in company. (HYMAN and MASON, concurring.)