State Farm v. City of Chicago

State: Illinois

Court: 1st District Appellate

Docket No: 1-08-0679 Rel

Case Date: 02/26/2010

Preview:SIXTH DIVISION February 26, 2010

No. 1-08-0679 STATE FARM MUTUAL AUTOMOBILE INSURANCE ) Appeal from COMPANY, MICHAEL BALESTRI and PEDRO LUNA, ) the Circuit Court ) of Cook County Plaintiffs-Appellants, ) ) v. ) No. 07 CH 10728 ) THE CITY OF CHICAGO, a Municipal Corporation, ) Honorable ) William O. Maki, Defendant-Appellee. ) Judge Presiding.

PRESIDING JUSTICE CAHILL delivered the opinion of the court: Plaintiffs State Farm Automobile Insurance Company (State Farm), Michael Balestri and Pedro Luna appeal a trial court order dismissing a declaratory judgment action against the City of Chicago (City). The trial court ruled that the complaint failed to allege an actual controversy. We disagree and reverse and remand for further proceedings. Balestri and Luna were involved in unrelated car accidents with City-owned vehicles. The City's Department of Revenue sent Balestri, a City employee, a "notice of employee indebtedness." The notice alleged Balestri owed the City $895.38, the amount the City maintained it suffered in property damage to a police car Balestri hit. The notice read in part: "Pursuant to [section] 2-32-392 of the Municipal Code of Chicago [(Code) (Chicago Municipal Code

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