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11/17/89 Jerry Daiber Et Al., v. Montgomery County Mutual

November 17, 1989

JERRY DAIBER ET AL., PLAINTIFFS-APPELLEES

v.

MONTGOMERY COUNTY MUTUAL FIRE INSURANCE COMPANY ET AL., DEFENDANTS (TERRY DUNCAN, DEFENDANT-APPELLANT)



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

548 N.E.2d 17, 191 Ill. App. 3d 566, 138 Ill. Dec. 787 1989.IL.1797

Appeal from the Circuit Court of Madison County; the Hon. A. Andreas Matoesian, Judge, presiding.

APPELLATE Judges:

JUSTICE HOWERTON delivered the opinion of the court. GOLDENHERSH, and CHAPMAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOWERTON

Lawyers claim that the venue act is dead, killed by forum non conveniens.

We do not believe it.

No matter how limply venue may languish on the cross of forum non conveniens, it lives still. At least we think so and we believe that rumors amongst lawyers of its death have been greatly exaggerated. See Ill. Rev. Stat. 1987, ch. 110, par. 2-101 et seq.

Plaintiffs live in Bond County. They bought insurance from defendants. It covered their house. The insurance was bought in Madison County. Defendants' principal place of business is in Montgomery County. Plaintiffs' house burned. The insurance company refused to pay, because they claimed the fire was suspicious. Plaintiffs filed suit in Madison County., Defendants moved to transfer venue to either Bond or Montgomery County.

Madison, Bond and Montgomery Counties adjoin one another.

Edwardsville is the county seat of Madison, Greenville the county seat of Bond, and Hillsboro the county seat of Montgomery.

It is 28 miles from Edwardsville to Greenville.

It is 38 miles from Edwardsville to Hillsboro.

This means it is very nearly 28 minutes from Edwardsville to Greenville, and 38 minutes from Edwardsville to Hillsboro., Defendants say it is more convenient ...


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