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PALOS COMMUNITY HOSPITAL v. HUMANA INS.

(Docket No. 126008).

183 N.E.3d 677 (2021)

2021 IL 126008

PALOS COMMUNITY HOSPITAL, Appellant, v. HUMANA INSURANCE COMPANY, INC., Appellee.

Supreme Court of Illinois.

Separate opinion upon denial of rehearing filed December 6, 2021.

Attorney(s) appearing for the Case

Donald R. Dixon , of Palos Community Hospital, of Palos Heights, and Everett J. Cygal , Neil Lloyd , David Y. Pi , Kirstie Brenson , and Kylie S. Wood , of Schiff Hardin LLP, of Chicago, for appellant.

Tacy F. Flint , Ashley E. Dalmau-Holmes , Emily Scholtes , and Marriam Shah , of Sidley Austin LLP, and Scott C. Solberg and James W. Joseph , of Eimer Stahl LLP, both of Chicago, for appellee.

OPINION

¶ 1 At issue is whether the "test the waters" doctrine constitutes a valid basis on which to deny a party's motion for substitution of judge as of right under section 2-1001(a)(2) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1001(a)(2) (West 2016)). We...

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