Appellate Court of Illinois

Denial of plaintiff's motion for summary judgment is affirmed and summary judgment for defendant-appellant insurance company in a personal injury claim arising from an automobile accident is reversed and the case remanded where: 1) there is a question of material fact as to whether defendant was acting within the scope of his employment when plaintiff was injured; and 2) coverage under the original endorsement of defendant's insurance depends on the determination whether plaintiff was within the scope of his employment when the accident occurred.

Appellate Information

• Decided 05/12/2008
• Published 06/06/2008

Judges

• Justice WOLFSON delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellees:
  
• Michael W. Rathsack, Chicago (Kurt D. Lloyd, Timothy J. Cavanagh, Michael W. Rathsack, of counsel), for Appellant/Cross-Appellee Joan A. Wolfensberger., Robert S. Marshall, Rostyslaw J. Smyk, Bates & Carey LLP, Chicago, for Appellee/Cross-Appellant Illinois National Insurance Company.