Shelter Mutual Insurance Co. v. Flynn

Illinois Appellate Court
Civil Court
Duty to Defend
Citation
Case Number: 
2020 IL App (1st) 191123
Decision Date: 
Thursday, April 30, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Appeal dismissed.
Justice: 
GORDON

Insured filed small-claims suit against insurer based on its denial of coverage, and insurer filed counterclaim; then insurer also filed declaratory judgment action seeking declaration that it did not owe insured a duty to defend as to a suit filed against her by other driver. Appellate court lacks jurisdiction to consider insured's appeal. The order from which insured appeals did not dispose of all claims against all parties, and thus a finding under Rule 304(a) was required to render the order appealable. Because no such order was entered, appeal is dismissed.(LAMPKIN and BURKE, concurring.)