Frostin v. Radick

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

Is a layman duly diligent in defending a suit against him when he puts his legal problem into the hands of his insurance company, then checks on its progress? That question is raised by this appeal from the denial of a section 72 petition.

The defendant sought to reopen a default judgment by arguing that his insurance company had repeatedly assured him it would defend the suit, although in fact the company had no such plans and did nothing to defend the suit. The circuit court ruled as a matter of law that the defendant’s reliance…