Appellate Court of Illinois

In a suit to recover monies that plaintiff-insurance company paid to defendant arising from an auto accident that took place while defendant was driving his employer's automobile, granting of defendant's motion to dismiss is reversed where: 1) without the employer's consent or without an order of court protecting the employer, the release signed by defendant in exchange for a monetary settlement from the other party to the accident is not valid against the employer; and 2) if the employer was required to provide notice of its interest to the tortfeasor, at a minimum, the defendant had such constructive notice prior to the execution of the release. (Corrected 08/09/07)

Appellate Information

• Decided 07/30/2007
• Published 07/30/2007

Judges

Court

• Appellate Court of Illinois

Counsel