Progressive Insurance v. Williams

PRESIDING JUSTICE NEVILLE

delivered the opinion of the court:

The plaintiff, Progressive Insurance Company (Progressive), as subrogee of Mervin Thomas (Thomas), filed a complaint against the defendant, Fredrick Williams, alleging that Williams’ negligent operation of a motor vehicle caused injuries to Thomas on March 5, 2004. The defendant filed a motion to dismiss pursuant to section 2 — 619 of the Code of Civil Procedure (Code) and alleged, among other things, that Progressive was not a bona fide subrogee. 735 ILCS 5/2 — 619(a)(9) (West 2006). In a July 13, 2006, order, the trial court…