Continental motion in Illinois

2001Therefore, Physicians' first notice of appeal was timely and vested this court with jurisdiction over the trial court's declaratory judgment order." Physicians Insurance Exchange , 316 Ill.

2001Therefore, Physicians’ first notice of appeal was timely and vested this court with jurisdiction over the trial court’s declaratory judgment order.” Physicians Insurance Exchange, 316 Ill.

2023The court observed that, based on Traveler’s Insurance Co. v. Eljer Manufacturing, Inc., 197 Ill. 2d 278 (2001), there must be a physical change to Ragan’s property such that the property would need to be repaired or rebuilt before becoming useable again.

2020For these reasons, we reject the plaintiffs’ arguments that Continental “has already done the work.” ¶ 96 CONCLUSION ¶ 97 For the foregoing reasons, we reverse the June 20, 2019, contempt order and reverse the March 11, 2019, and May 14, 2019, discovery orders upon which the contempt order was based; we reverse the portions of the December 17, 2019, order that denied Continental’s motion to quash and required Continental to produce the workers’ compensation claim forms and reports of injuries completed by supervisors and/or drivers and injury reports completed by drivers and/or supervisors for

2012We affirm the circuit court’s denial of Standard Mutual’s motion for summary judgment on count IV of its complaint and the grant of Continental’s motion for summary judgment on count IV of Standard Mutual’s complaint and on count I of its counterclaim. ¶ 34 “Summary judgment is appropriate where the pleadings, depositions, admissions and affidavits on file, viewed in the light most favorable to the nonmoving party, reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Kajima, 227 Ill. 2d at 106 .

1993There, the court found that “[t]he critical element upon which the defense [of unjust enrichment] depends, i.e., that the funds actually benefitted the intended payee, is wanting.” ( 76 A.D. at 93 , 430 N.Y.S.2d at 178 .) Here, Continental’s defense is not only that Sanwa would be unjustly enriched by recrediting its account but also that Golf’s insolvency and Sanwa’s inability to locate its collateral caused Sanwa’s losses.

1991Cloverhill disputes the trial court’s strict application of Moorman to this case and relies on the more recent Illinois Supreme Court case, Board of Education v. A, C & S, Inc. (1989), 131 Ill. 2d 428 , 546 N.E.2d 580 , as support for its contention that economic losses are recoverable in a case of this nature, although personal injury did not occur and is not alleged.

1991Cloverhill disputes the trial court’s strict application of Moorman to this case and relies on the more recent Illinois Supreme Court case, Board of Education v. A, C & S, Inc. (1989), 131 Ill. 2d 428 , 546 N.E.2d 580 , as support for its contention that economic losses are recoverable in a case of this nature, although personal injury did not occur and is not alleged.

1989(See, e.g., Satkowiak, 106 Ill. 2d at 231 , 478 N.E.2d at 373 .) We also disagree with Continental’s claim that the situs of the injury was in Cook County, Illinois.

1989(See, e.g., Satkowiak, 106 Ill. 2d at 231 , 478 N.E.2d at 373 .) We also disagree with Continental’s claim that the situs of the injury was in Cook County, Illinois.

1989Ed. 1055 , 67 S. Ct. 839 .) The trial court considered the private interest factors and found that, as admitted by counsel for Continental, the most important source of proof here was Michigan Mutual’s case file, which was located in Michigan, and that the basis of Continental’s claim of bad faith and negligence here was entirely dependent upon events that occurred in Michigan.

1960It was Continental that first recognized its obligations, and as the court said (p. 937) in American Surety Co. v. Canal, 258 F.2d 934 (4th Cir. 1958): “Losses should not fall irrevocably upon that insurer which first recognizes its obligations, while one neglectful of its duties is allowed to escape.” For the reasons indicated, the judgment of the Municipal Court is reversed, and the cause remanded with directions to grant Continental’s motion for summary judgment.

1931“On the Continent, however, it is generally assumed that the law of the place of issue must fix the character of an instrument throughout its life. ’ ’ He cites Loren-zen, Conflict of Laws Belating to Bills and Notes, p. 131, and raises the question of whether Popp v. Exchange Bank, 189 Cal. 296 , means that the courts of California have adopted “the continental rule.” We think the “Anglo-American rule” should be adhered to.