Rice v. AAA Aerostar, Inc.
Case Date: 02/09/1998
Court: 4th District Appellate
Docket No: 4-97-0488
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IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT KATHERINE RICE, ) Appeal from Plaintiff-Appellant, ) Circuit Court of v. ) Sangamon County AAA AEROSTAR, INC., d/b/a ) No. 94L337 RALLY'S RESTAURANT, ) Defendant, ) and ) STATE FARM FIRE AND CASUALTY ) Honorable COMPANY, ) Jeanne E. Scott, Garnishee-Appellee. ) Judge Presiding. JUSTICE COOK delivered the opinion of the court: This case presents the question whether an insurance company can avoid payment of a claim because it was not given notice that suit had been filed, although it was given notice of the occurrence. We reject plaintiff's argument that the insurer's awareness of the potential for lawsuit gave the insurer notice sufficient for it to locate and defend the suit. Never- theless, we reverse the summary judgment entered for the insurer, because the insurer's affidavit did not negate the possibility that the insurer had actual notice. On July 7, 1992, plaintiff slipped and fell in a park- ing lot owned by defendant, AAA Aerostar, Inc., d/b/a Rally's Restaurant. At the time of the fall, plaintiff was 8 |