Overview
Amundsen Davis successfully obtained summary judgment on behalf of an insurance company in Cook County, Illinois. The lawsuit was brought by an insured for uninsured motorist benefits after sustaining injuries and damages when a vehicle ran over a light pole in a road that had allegedly fallen after being struck by an unidentified vehicle. The court agreed that the insured was not entitled to uninsured motorist coverage because there was no physical contact with the unidentified vehicle. The court found there was no direct casual connection that carried through to the insured vehicle by a continuous and contemporaneously transmitted force since the light pole was a stagnant object the insured ran over. As argued by the Amundsen Davis team, the court disregarded an expert’s affidavit submitted by the opposing party as an unsubstantiated legal conclusion based on inadmissible hearsay. Prior to issuing summary judgment, the court dismissed a companion claim for damages under section 155 of the Illinois Insurance Code.
