Azar v. Statewide Insurance Co.

PRESIDING JUSTICE GEIGER

delivered the opinion of the court:

Saul Azar, the plaintiff in this cause, brought an action on a replevin bond against the defendant, Statewide Insurance Company (Statewide). See 735 ILCS 5/19 — 127 (West 1994). Statewide was the surety, on the bond, which had been posted in the amount of $6,000. The trial court granted Statewide’s motion to dismiss, and the plaintiff timely appeals. We reverse and remand for further proceedings.

Azar’s complaint, filed on December 29, 1995, alleged that he had been named as the defendant in a prior replevin action filed by his former…