Declaratory judgment action by Plaintiff insurer arising out of a 2013 motor vehicle collision, seeking a declaration that Defendant was covered by another insurer, Direct Auto, at time of incident so that Plaintiff's insured had no uninsured motorist claim. Direct Auto had previously filed suit to determine its obligations under its policy with Defendant, and court found that it did not owe Defendant coverage for the 2013 collision. Plaintiff's interest in that suit was contingent, and it was not a necessary party to that suit. Circuit court in the present case properly found that Plaintiff was in privity with a party to the first action (its insured), as their interests were aligned. Thus, Plaintiff is collaterally estopped by the judgment in the first action from claiming that Defendant was insured by Direct Auto at time of incident. (CONNORS and ODEN JOHNSON, concurring.)
Illinois Appellate Court
Civil Court
Insurance