Piser v. State Farm Mutual Automobile Insurance

In this appeal, we determine whether breach of an insurance cooperation clause is a valid defense constituting “other affirmative matter” barring a claim pursuant to section 2 — 619(a)(9) of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 619(a)(9) (West 2008)). We also consider whether defendant complied with foundational and evidentiary requirements for supporting affidavits and whether plaintiffs failure to respond with a counteraffidavit entitles defendant to dismissal as a matter of law.

Plaintiff, Jonathan H. Piser, brought claims against his insurer, State Farm Mutual Automobile…