Zagorski v. Allstate Insurance Company

Illinois Appellate Court
Civil Court
Discovery
Citation
Case Number: 
2016 IL App (5th) 140056
Decision Date: 
Monday, May 16, 2016
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed in part, reversed in part, and vacated in part; remanded with directions.
Justice: 
CATES

Plaintiffs filed suit against their insurer, alleging vexatious breach of contract and common law fraud, under Section 155 of Insurance Code, in handling of their homeowners' insurance claim for fire loss 5 days after they purchased homeowners' policy. When determining whether an insurer's conduct is vexatious and unreasonable under totality of circumstances, a court may properly consider actions identified as improper claims practices under Section 154.6 of Insurance Code as relevant to, but not dispositive of, a Section 155 claim. Appellate court overrules certain of insurer's objections to interrogatories, and sustains others.(WELCH and GOLDENHERSH, concurring.)