Weis v. State Farm Mutual Automobile Insurance Co.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-01-0878 Rel

Case Date: 08/29/2002

No. 2--01--0878

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

MELISSA ANN WEIS, Indiv.
and on Behalf of Others
Similarly Situated,

Plaintiff-Appellant,

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,

Defendant-Appellee.

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Appeal from the Circuit Court
of Kane County.

No. 99--L--620

Honorable
Timothy Q. Sheldon,
Judge, Presiding.

JUSTICE GEIGER delivered the opinion of the court:

The plaintiff, Melissa Ann Weiss, brought a class actionagainst the defendant, State Farm Mutual Automobile InsuranceCompany, alleging a violation of the Illinois Department ofInsurance rules, breach of contract, statutory fraud, and common-law fraud. The plaintiff appeals from the January 16, 2001, andJuly 10, 2001, orders of the circuit court of Kane County,dismissing her second amended complaint pursuant to section 2--615of the Code of Civil Procedure (the Code) (735 ILCS 5/2--615 (West2000)). We affirm.

This controversy involves the method utilized by the defendantin adjusting vehicles that have been classified as total losses. The Illinois Department of Insurance Rule 919.80 provides that,when a vehicle has been classified as a total loss, the insurer mayvalue the vehicle from a source "published on a regular basis" or"[a]n electronically computerized source or sources which ***computes statistically valid retail values." 50 Ill. Adm. Code