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FEDERATED MUT. INS. v. STATE FARM

No. 2-95-0913.

668 N.E.2d 627 (1996)

282 Ill. App.3d 716

218 Ill.Dec. 143

FEDERATED MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant (Kathleen Gallagher et al., Defendants).

Appellate Court of Illinois, Second District.

July 24, 1996.

Attorney(s) appearing for the Case

Henry J. Burt, Jr., Daniel C. McCabe, Rathje, Woodward, Dyer & Burt, Wheaton, for Kathleen Gallagher and State Farm Mutual Automobile Insurance Company.

James T. Ferrini, Edward M. Kay, Richard A. Buchanan, Clausen Miller, PC, Chicago, for Federated Mutual Insurance Company.

Junie L. Sinson, Ottosen, Sinson, Trevarthen & Britz, Ltd., Wheaton, for Scott Dillingham, Scott Mulvanny, Steven Smith, Ray Szylko.

Justice HUTCHINSON delivered the opinion of the court:

Defendant, State Farm Mutual Automobile Insurance Company (State Farm), appeals the trial court's order granting summary judgment for plaintiff, Federated Mutual Insurance Company (Federated). State Farm contends that the trial court erred because active tender by an unschooled layperson is not necessary to trigger an insurer's duty to defend when the insurer has actual notice of the suit. We reverse and remand...

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