Petitioner insurer filed subpoena in Cook County circuit court, seeking to have it served upon Respondent insurer in dispute over coverage for damage caused in course of repairs done by a New York domiciled company to compete repairs to a New York residence. Under the Uniform Interstate Depositions and Discovery Act, the choice-of-law principles of Illinois should apply to the question of whether Illinois or New York substantive law should apply to Respondent insurer's motion to quash Petitioner insurer's subpoena.Petitioner failed to meet its initial burden to show that a different result would be obtained under New York law than under Illinois law, such that any further choice-of-law analysis would be required. Court thus properly applied substantive law of Illinois to resolve Respondent's claims of privilege as to its claims file and subrogation file. (DELORT and HOFFMAN, concurring.)
Illinois Appellate Court
Civil Court
Choice of Law