Esin v. Liberty Mutual Insurance Co.

The widow of Jerrold Esin appeals from the summary judgment of the circuit court of Kane County awarding to Liberty Mutual Insurance Company (hereafter Liberty Mutual) a lien on the settlement the widow procured from another insurance carrier in a wrongful death action. The respondent has moved to dismiss this appeal, and at the outset of this case we announce our ruling denying the respondent’s motion for reasons appearing later in this opinion.

Jerrold Esin worked for United Parcel Service. While in the performance of his duties as its employee Esin was killed by a car driven by another…