Illinois Appellate Court
Civil Court
Settlements
Court properly dismissed with prejudice complaint for bad-faith failure to settle within policy limits. Plaintiff had demanded $20,000 policy limits of adverse driver's insurer for car accident injuries, but insurer rejected demand. Jury awarded Plaitniff net verdict of $47,951 plus costs. As Plaintiff admitted that he made a potentially illegal U-turn in front of other vehicle, and given nature of accident, Plaintiff did not sufficiently plead facts showing reasonable probability of liability against adverse driver at time of settlement demand, which is when duty to settle arises. (HOFFMAN and CUNNINGHAM, concurring.)