American Country Insurance Co. v. Bruhn
Case Date: 06/30/1997
Court: 2nd District Appellate
Docket No: 2-96-0921
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________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ________________________________________________________________ AMERICAN COUNTRY INSURANCE ) Appeal from the Circuit Court COMPANY, ) of Kane County. ) Plaintiff-Appellant, ) ) No. 93--MR--484 v. ) ) MARJORIE BRUHN, as Adm'r of ) the Estate of Kristeen Anne ) Kaufman, Deceased; and TODD ) RAYMOND NEBEL, ) Honorable ) Melvin E. Dunn, Defendants-Appellees. ) Judge, Presiding. ________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: The plaintiff, American Country Insurance Company, appeals from an order of the circuit court of Kane County which entered judgment in favor of the defendants, Marjorie Bruhn, administrator of the estate of Kristeen Anne Kaufman (deceased), and Todd Raymond Nebel, in a declaratory judgment suit after the close of the plaintiff's case. We reverse. On December 17, 1988, while driving his automobile, Nebel struck and killed two pedestrians, Kristeen and Lee Kaufman, on West Highland Avenue in Aurora, Illinois. The police questioned Nebel about the accident in June 1989, but Nebel denied involvement. Nebel concealed his involvement in the accident until January 21, 1992, when he was questioned again by the police and admitted his involvement in the accident. On February 18, 1992, the People of the State of Illinois indicted Nebel in a two-count indictment, alleging that Nebel committed the offense of reckless homicide in the deaths of Kristeen and Lee Kaufman. Ill. Rev. Stat. 1991, ch. 38, par. 9--3 (now 720 ILCS 5/9--3 (West 1994)). On May 6, 1992, the State amended its indictment to include a third count, alleging that Nebel committed the felony offense of leaving the scene of a personal injury accident. Ill. Rev. Stat. 1991, ch. 95 |