CE Design Ltd v. Healthcraft Products, Inc.

Illinois Appellate Court
Civil Court
Jurisdiction
Citation
Case Number: 
2017 IL App (1st) 143000
Decision Date: 
Tuesday, May 2, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
PIERCE

In a collection case, court denied Plaintiff's motion for turnover and its citation to discover assets, as court recognized judgment of a Canadian court finding it had jurisdiction over Plaintiff and that insurer had no duty to defend or indemnify against a judgment held by Plaintiff against its insured. Insurer obtained judgment against Plaintiff in Canadian proceeding for fees and costs, and court denied enforcement of it, finding it unenforceable because it did not comport with due process. A movant is not required to prove foreign law by expert testimony in conjunction with act of registration of a foreign judgment. Because contract between insurer and its insured was entered into in Ontario, it is a reasonable expectation that law of Ontario applies. Plaintiff's challenges to Ontario court's jurisdiction, and on issue of coverage, are barred by res judicata. As coverage issues should have, but were not, advanced in insurer's Ontario coverage proceeding. Circuit court was required to give Ontario court's judgment order, awarding fees and costs against Plaintiff, the "full faith and credit" to which it was entitled.(HYMAN and NEVILLE, concurring.)