Palos Community Hospital v. Humana Insurance Co.

Jury entered verdict finding Defendant insurer not liable on Plaintiff hospital's breach of contract claims. Court properly denied Plaintiff's motion for substitution of judge, as Plaintiff had "tested the waters" because it could determine judge's position on the production of documents central to case. Court properly denied Plaintiff's motion for summary judgment on liability claim. Amendment to agreement was unclear, so that there were questions of fact for the jury to resolve. No abuse of discretion in court imposing sanctions against Plaintiff for destruction of electronic records.Court properly found that Plaintiff's fraud claim was time-barred as a matter of law. (CUNNINGHAM and CONNORS, concurring.)