Peoria, IL (309) 676-0591

Sims for use of Ruark v. Illinois National Casualty Co.

43 Ill.App.2d 184 (1963)

Original estoppel for failure to defend case.

Garnishment action against insurer of owner of automobile in which passenger was injured. The Circuit Court, Fulton County, Keith F. Scott, J., entered judgment for insurer and appeal was taken. The Appellate Court, Roeth, J., held that automobile liability insurer which failed to defend suit against its insured was not, in subsequent garnishment suit, entitled to defend on ground that at time of occurrence passenger was employee of insured and engaged in his employment and therefore excluded from coverage under policy.  Read More