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FROSTIN v. RADICK

No. 79-30.

78 Ill. App.3d 352 (1979)

397 N.E.2d 208

HELEN FROSTIN, Plaintiff-Appellee, v. MATTHEW RADICK, Indiv. and d/b/a Radick Auto Sales, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed November 14, 1979.

Attorney(s) appearing for the Case

Bruce M. Bozich, of Edward R. Vrdolyak, Ltd., of Chicago, for appellant.

Laurence J. Bolon, of Frank, Melamed & Bolon, Ltd., of Chicago, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE SIMON delivered the opinion of the court:

Is a layman duly diligent in defending a suit against him when he puts his legal problem into the hands of his insurance company, then checks on its progress? That question is raised by this appeal from the denial of a section 72 petition.

The defendant sought to reopen a default judgment by arguing that his insurance company had repeatedly assured him it would defend...

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