Insurer filed declaratory judgment action as to its duties to defend and indemnify its insured against a suit filed by Wheaton College. Interlocutory appeal from order denying Defendant's motion to stay action pending resolution of underlying litigation. There is an actual controversy between the parties, because there is a concrete dispute admitting of an immediate and definitive determination of the parties' respective rights. Sanctions and default judgment entered against Defendant in underlying case are interlocutory, so that issue of his liability has not been "settled" or "established"Adjudicating insurer's amended complaint would improperly require trial court to decide issues of ultimate that could bind parties to underlying litigation. Staying all proceedings pending resolution of underlying litigation is appropriate given circumstances of case. (McLAREN and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Insurance