Bailey v. State Farm Fire & Casualty Co.

Plaintiff Grace Bailey, individually and as executrix of the estate of her deceased husband, Weldon Bailey, brought this action for declaratory judgment regarding the amount of insurance coverage available under the terms of an excess insurance policy issued by defendant insurance company. Defendant filed a motion to dismiss this cause as barred by a prior judgment (Ill. Rev. Stat. 1987, ch. 110, par. 2— 619(a)(4)) or, alternatively, for judgment on the pleadings (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 615(e)). The trial court denied the motion. Defendant filed this permissive interlocutory…