McCarter v. State Farm Mutual Automobile Insuranse

PRESIDING JUSTICE HEIPLE

delivered the opinion of the court:

On May 5, 1980, an automobile driven by John M. Couch collided with a motorcycle driven by the plaintiff. Both parties were insured by the defendant. This action arises out of the defendant’s conduct in settling the plaintiff’s third-party claim against Couch. The complaint was based on common law fraud, the Illinois Consumer Fraud and Deceptive Business Practices Act (Ill. Rev. Stat. 1981, ch. 12V-k, par. 261 et seq.) and intentional infliction of emotional distress. The complaint was dismissed on defendant’s motion. The following…