American Service Insurance v. United Automobile Insurance

Presiding Justice Hall and Justice Hoffman concurred in the judgment and opinion.

OPINION

Plaintiff, American Service Insurance Company (ASI), appeals the trial court’s order denying its motion for summary judgment and granting the cross-motion for summary judgment filed by defendant, United Automobile Insurance Company (UAIC). In so doing, the trial court determined that, because UAIC had rescinded its policy, defendant owed no duty to defend or indemnify a claim resulting from a February 2, 2004, car accident in which plaintiffs insured was injured. On appeal, plaintiff contends the trial…