Tielke v. Auto Owners Insurance Co.

Illinois Appellate Court
Civil Court
Settlements
Citation
Case Number: 
2019 IL App (1st) 181756
Decision Date: 
Friday, August 16, 2019
District: 
1st Dist.
Division/County: 
Cook Co.,5th Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD

(Court opinion corrected 8/21/19.) Court properly dismissed Plaintiff’s breach of contract action against insurer, law firm, and Defendants, as it constituted an improper collateral attack on a judgment order. Plaintiff  had previously filed a personal injury action, for a slip-and-fall at a bowling alley, and court had denied Plaintiff’s motion to enforce settlement. Plaintiff could have appealed or moved to reconsider denial of motion, and could not rely on trial court’s erroneous suggestion that she could collaterally attack judgment, after conclusion of trial, by filing breach of contract action.  (HOFFMAN and HALL, concurring.)