Court of Appeals of Illinois, First District, First Division
from the Circuit Court of Cook County. No. 12 L 13388
Honorable Patrick F. Lustig, Judge Presiding.
Costello, McMahon, Burke & Murphy, Ltd., (Paul M. McMahon
and James P. Costello, of counsel), Plaintiff-Appellant.
Office of Corey C. Splitt, (Corey C. Splitt, of counsel),
JUSTICE HARRIS delivered the judgment of the court, with
opinion. Presiding Justice Connors and Justice Simon
concurred in the judgment and opinion.
1 Plaintiff, Roger Knouse, appeals the circuit court's
order granting defendant Rejat Mohamednur's motion to
have the $69, 611.07 judgment against defendant
declared satisfied through prior medical payments already
received by plaintiff and $100, 000 in uninsured motorist
coverage recoverable by plaintiff. On appeal, plaintiff
contends that the trial court erred because, in declaring the
judgment against defendant satisfied, the court improperly
determined that plaintiff had a claim under the uninsured
motorist provision of his insurance policy. For the following
reasons, we reverse and remand for further proceedings.
3 The trial court entered its order declaring the judgment
against defendant satisfied on June 1, 2016. Plaintiff filed
a notice of appeal on June 29, 2016. Accordingly, this court
has jurisdiction pursuant to Illinois Supreme Court Rules 301
(eff. Feb. 1, 1994), and 303 (eff. Jan. 1, 2015), governing
appeals from final judgments entered below.
5 The following facts are relevant to this appeal. On
December 19, 2010, plaintiff, an Indiana resident, was
injured when he attempted to enter a taxi cab on North Water
Street in Chicago. Defendant, an Illinois resident, was the
driver of the taxi. Plaintiff suffered injuries and incurred
$5, 111.07 in medical expenses. On November 28,
2012, plaintiff filed a complaint against defendant,
Santorini Five Cab Corp. (Santorini), and Globe Taxi
Association, Inc. (Globe Taxi). Plaintiff voluntarily
dismissed Santorini and Globe Taxi, and the cause proceeded
to jury trial against defendant.
6 When the accident occurred in 2010, defendant was covered
under a liability insurance policy issued by Ullico Casualty
Company (Ullico). Ullico became insolvent and was liquidated
on May 30, 2013. Due to Ullico's insolvency, the Illinois
Insurance Guaranty Fund (Guaranty Fund) assumed the defense
of plaintiff's complaint. On November 8, 2013, defendant
filed his appearance and answer to plaintiff's complaint.
As part of discovery, defendant served plaintiff with special
interrogatories regarding insurance coverage. In his answer,
plaintiff stated that he had an automobile insurance policy
"which did not cover an accident of this nature."
7 At the time of the occurrence, plaintiff was covered under
an automobile liability policy issued by State Farm Insurance
(State Farm). The State Farm policy subsequently made $4,
247.73 in payments toward plaintiff's claimed
medical expenses. The policy also provided uninsured motor
vehicle coverage of up to $100, 000 per person for each
occurrence. The policy provided that:
"Uninsured Motor Vehicle means a land motor