Clayton v. Millers First Insurance Companies

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0061 Rel

Case Date: 07/25/2008

Preview:NO. 5-07-0061
N O T IC E Decision filed 07/25/08. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT ________________________________________________________________________ STEVEN CLAYTON, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Bond County. ) v. ) No. 03-L-22 ) MILLERS FIRST INSURANCE ) COMPANIES, ) Honorable ) John Knight, Defendant-Appellee. ) Judge, presiding. ________________________________________________________________________ JUSTICE GOLDENHERSH delivered the opinion of the court: Plaintiff, Steven Clayton, filed a declaratory judgment action against defendant, Millers First Insurance Companies, in the circuit court of Bond County. The court granted a partial summary judgment to defendant. On appeal, plaintiff raises these issues: (1) whether the trial court erred by ruling in a summary judgment that plaintiff was not a family member under the insurance policy and (2) whether defendant acted in bad faith by refusing to pay. We vacate and remand. FACTS On August 25, 2002, plaintiff, a minor, was a passenger in a car that was involved in a one-car accident. The driver was also a minor. Plaintiff filed suit against the minor driver and the owner of the vehicle, the minor's father. The driver's father subsequently filed for bankruptcy, and plaintiff filed an amended complaint naming the driver's mother as a defendant. The driver's mother subsequently filed for bankruptcy. On the date of the accident, plaintiff lived with his mother, Carol Clayton, and her then-fianc

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