(Modified upon denial of rehearing 1/4/17.) Declaratory judgment action filed by insurer of church which was sued in tort action for wrongful death, alleging that church employee, while using his personally-owned car for church business, negligently collided with another car, resulting in death of driver. Declaratory judgment complaint (Count I) fails to show that controversy is ripe, and thus court properly dismissed it. Court properly dismissed Count II as moot, as it presents no actual controversy. Court properly denied permission to file proposed 2nd amended complaint, as it was identical to prior complaint except for adding allegation that church employee was driving to his other job at time of accident. Dismissal with prejudice was proper, as Plaintiff cannot show a present ability to allege facts showing ripeness. Court properly denied church's motion for sanctions. (HOLDER WHITE and STEIGMANN, concurring.)
Illinois Appellate Court
Civil Court
Insurance