Smith v. Union Automobile Indemnity Co.

Plaintiffs, Warren and Joyce Smith, filed suit against defendant, Union Automobile Indemnity Company (Union), following Union’s denial of a claim plaintiffs submitted under their homeowner’s policy. The circuit court of Kane County granted summary judgment in Union’s favor. Plaintiffs appeal, arguing that the trial court (1) should have denied Union’s motion for summary judgment and granted plaintiffs’ cross-motion for partial summary judgment pursuant to the “mend the hold” doctrine; (2) incorrectly determined that the damage to plaintiffs’ home was caused by surface water and was thus…