State Farm Fire & Cas. Co. v. John

2017 IL App (2d) 170193 (Ill. App., 2017)

Words & Phrases

Declaratory Judgment: Procedure

Trial Judge

Bonnie M. Wheaton

Appellate Judge

Zenoff

Holding

Stay of declaratory judgment action was necessary where issue of insured’s intent could be collateral estoppel in underlying tort action against insured.

Fact Summary

And, even though insured had been defaulted in underlying matter, the default was not a final judgment and could be vacated, and the issue of the insured’s intent might still arise in the underlying matter. Although issue of insured’s late notice to insurer would not affect the underlying matter, the entire declaratory action should be stayed so as to avoid piecemeal litigation.

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