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RICE v. AAA AEROSTAR, INC.

No. 4-97-0488.

690 N.E.2d 1067 (1998)

294 Ill. App.3d 801

229 Ill.Dec. 20

Katherine RICE, Plaintiff-Appellant, v. AAA AEROSTAR, INC., d/b/a Rally's Restaurant, Defendant (State Farm Fire and Casualty Company, Garnishee-Appellee).

Appellate Court of Illinois, Fourth District.

Decided February 9, 1998.

Attorney(s) appearing for the Case

Carol J. Reid (argued), Springfield, for Katherine Rice.

David L. Drake (argued), Matthew D. Bilinsky, Drake, Narup & Mead, P.C., Springfield, for State Farm Fire and Casualty Company.

Justice COOK delivered the opinion of the court:

This case presents the question whether an insurance company can avoid payment of a claim because it was not given notice that suit had been filed, although it was given notice of the occurrence. We reject plaintiff's argument that the insurer's awareness of the potential for lawsuit gave the insurer notice sufficient for it to locate and defend the suit. Nevertheless, we reverse the summary judgment entered for the...

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