Phaholyothin v. State Farm Mutual Automobile Insurance

Chawalit and Chaunpim Phaholyothin (plaintiffs) brought this action against State Farm Mutual Automobile Insurance Company (defendant) to recover upon an automobile insurance policy between the parties. The trial court granted defendant’s motion to dismiss. Plaintiffs appeal.

The well-pleaded and pertinent facts alleged in plaintiffs’ complaint are “accepted as true.” (Soules v. General Motors Corp. (1980), 79 Ill. 2d 282, 284, 402 N.E.2d 599.) On or about October 3, 1979, a person representing himself as “Curtis Benson” indicated he would purchase plaintiffs’ 1976 Datsun automobile for…