Appellate Court of Illinois

In a class action suit based on the allegation that defendant faxed advertisements to plaintiff and other businesses without first obtaining their permission, which was settled and resulted in a third- party citation against defendant's insurance company to discover assets and collect the policy proceeds on behalf of the class, judgment finding that the insurance policies obligated defendant's insurance company to pay the settlement is affirmed over claims that: 1) the laws of estoppel conflict between Minnesota and Illinois and the trial court should have applied Minnesota law rather than Illinois law; 2) under Minnesota law, insurance company's breach of its duty to defend the underlying suit does not bar insurance company from raising its policy defenses in the citation proceeding; 3) the insurance policies do not provide coverage under Minnesota law; and 4) even if Illinois law applies, the policies do not provide coverage.

Appellate Information

• Decided 11/30/2007
• Published 12/05/2007

Judges

Court

• Appellate Court of Illinois

Counsel