Kelly v. Economy Fire & Casualty Co.

Plaintiffs appeal from an order of the trial court dated March 9, 1989, denying plaintiffs’ motion for reconsideration on the summary judgment granted defendant. Both parties acknowledge there are no material issues of fact and the question to be resolved is one at law.

Plaintiffs were mortgagees under a policy of fire insurance issued by defendant, effective October 1, 1984, covering property located in Rock Island, Illinois. On July 29, 1986, a notice of expiration was sent to both the insureds and the plaintiffs as mortgagees which, in part, stated:

“We would like to continue your insurance…