Moles v. Illinois Farmers Insurance Co.

Plaintiff appealed from the trial court’s grant of a motion for directed finding in favor of the defendant. The trial court concluded that plaintiff could not seek attorneys fees, costs, or statutory damages under section 155 of the Illinois Insurance Code because she did not prevail on any underlying claim based on her insurance policy. Plaintiff argued on appeal that she was allowed to pursue a stand-alone claim even though her breach of contract claim against her insurer was dismissed and she released all other claims against the insurer. The appellate court disagreed and affirmed the finding of the trial court. (McBRIDE and REYES, concurring)