American Freedom Insurance Co. v. Garcia

2021 IL App (1st) 200231 (Ill. App., 2021)

Words & Phrases

Collateral Estoppel

Trial Judge

Eve M. Reilly

Appellate Judge

Harris

Holding

UM insurer was collaterally estopped from litigating whether tortfeasor actually had insurance, because it was in privity with its insured, the UM claimant, who had participated in action by tortfeasor's insurer that resulted in rescission of the tortfeasor's policy.

Fact Summary

UM/UIM coverage

In response to its insured's UM claim, the.

This case concerns a declaratory judgment action by plaintiff-appellant American Freedom Insurance Company (American) against defendants-appellees Ramon Garcia, Luis Flores-Jimenez, Nancy Benitez-Yanez, and Direct Auto Insurance Company (Direct) arising out of a 2013 vehicular collision involving Garcia and Benitez-Yanez. American sought a judgment that Benitez-Yanez was covered by Direct at the time of the incident so that Garcia did not have an uninsured motorist claim against American. In defense, Direct raised an earlier judgment finding Benitez-Yanez and Flores-Jimenez to not be Direct’s insureds at the time of the 2013 incident. Garcia was a party to the earlier judgment, but American was not. The trial court in the instant case denied American’s summary judgment motion and granted Direct’s motion to dismiss.

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