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MEYERS v. HABLUTZEL

No. 2-91-1474.

603 N.E.2d 91 (1992)

236 Ill. App.3d 705

177 Ill.Dec. 310

Gregory W. MEYERS, Plaintiff-Appellee, v. Ralph R. HABLUTZEL, Defendant (Indiana Insurance Company, Claimant-Appellant).

Appellate Court of Illinois, Second District.

October 23, 1992.

Attorney(s) appearing for the Case

O'Reilly, Cunningham, Norton & Mancini, Thomas R. Weiler, Wheaton, for Indiana Ins. Co.

Murphy, Hupp, Foote, Mielke & Kinnally, Paul G. Krentz and John R. Wienold, Law Offices of John R. Wienold, Ltd., Aurora, for Gregory W. Meyers and Ralph R. Hablutzel.

Justice WOODWARD delivered the opinion of the court:

Indiana Insurance Company (Indiana) appeals from an order of the circuit court which adjudicated the rights of Indiana on its claim for payments made to its insured, plaintiff, Gregory Meyers. The court ordered plaintiff to pay $3,300.73 out of funds from a settlement, in full satisfaction of the claim. Essentially, Indiana's issues on appeal may be treated as one issue: whether the equitable fund doctrine applies...

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