Allstate Insurance v. Kovar

In American Family Mutual Insurance Co. v. Savickas, 193 Ill. 2d 378 (2000), the Illinois Supreme Court held that a conviction of first degree murder estopped parties to a subsequent civil suit from claiming that the shooting underlying the conviction was unintentional. The questions before us are whether Savickas applies when (1) there is no factual basis on which to conclude that the issue presented in the civil suit is identical to the issue decided in the criminal case; and, in any event, (2) there was no incentive to fully litigate the issue in the criminal case. The trial court found…