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Fourth Division February 14, 2008

No. 1-06-1999

PROGRESSIVE INSURANCE COMPANY a/s/o Mervin Thomas, Plaintiff-Appellant, v. FREDRICK WILLIAMS, Defendant-Appellee.

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Appeal from the Circuit Court of Cook County.

No. 05 M1 018543 Honorable Wayne D. Rhine, Judge Presiding.

PRESIDING JUSTICE NEVILLE delivered the opinion of the court: The plaintiff, Progressive Insurance Company (Progressive), as subrogee of Mervin Thomas (Thomas), filed a complaint against the defendant, Fredrick Williams, alleging that Williams' negligent operation of a motor vehicle caused injuries to Thomas on March 5, 2004. The defendant filed a motion to dismiss pursuant to section 2-619 of the Code of Civil Procedure (Code) and alleged, among other things, that Progressive was not a bona fide subrogee. 735 ILCS 5/2-619(a)(9) (West 2006). In a July 13, 2006 order, the trial court granted the defendant's motion and dismissed the plaintiff's complaint with prejudice. Progressive presents two issues for review: (1) whether the defendant has standing to challenge plaintiff's contractual right to seek subrogation where he has no legally cognizable interest in the insurance contract between Progressive and Thomas; and (2) whether plaintiff's subrogation action is barred by a provision in Minnesota No-Fault Automobile Insurance Act (Minnesota

1-06-1999 Act)(Minn.Sta.Ann.

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