In a subsequent declaratory judgment action arising out of an underlying personal injury action in which the defendant insured filed for bankruptcy, the appellate court considered whether the circuit court properly granted the insured’s motion to dismiss by finding that a previous declaratory judgment action barred the subsequent declaratory judgment action under the doctrine of res judicata and that there was no actual controversy where the parties agreed as to the limits of the insurance policies. The appellate court affirmed, finding that the circuit court did not err when it dismissed the second amended complaint where the complaint failed to state a cause of action since it did not allege an actual controversy. (MARTIN and LAMPKIN, concurring)
Illinois Appellate Court
Civil Court
Insurance Coverage