United States Seventh Circuit

In a breach of contract action, district court judgment is reversed where: 1) the court erred in its grant of summary judgment for defendant on the estoppel claim as it failed to take costs and attorney's fees into account when considering whether a judgment against defendant would result in a double recovery; and 2) the court should not vacated the judgment in plaintiff's favor on the Illinois Insurance Code sec. 155 claim.

Appellate Information

• Argued 02/11/2009
• Decided 06/29/2009
• Published 06/29/2009

Judges

• RIPPLE, Circuit Judge., Before BAUER, RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• J. Timothy Eaton (argued), Shefsky & Froelich, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• John P. O'Malley (argued), Thomas Crisham (argued), Schulyer, Roche & Crisham, P.C., Chicago, IL, for Defendant-Appellee.