Appellate Court of Illinois
Record-A-Hit v. National Fire Ins., 1070684
In an action seeking a judicial declaration that defendants-insurance companies owed a duty to defend and indemnify defendant Tri-State Hose and Fitting with respect to a class-action complaint asserting claims for violations of the Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act and a claim for conversion, dismissal of plaintiff's motion for declaratory judgement is reversed where a tort-claimant need not allege that neither the insured-tortfeasor nor the insurance carrier has filed a declaratory judgment action in order to adequately plead a declaratory judgment action to determine the scope of coverage afforded to the tortfeasor under a policy of insurance.
Appellate Information
- Decided 11/13/2007
- Published 11/16/2007
Judges
Court
- Appellate Court of Illinois