D'Urso v. Wildheim

Mr. PRESIDING JUSTICE ST AMOS

delivered the opinion of the court:

This appeal is from an order sustaining defendant’s motion to dismiss plaintiff’s complaint. Plaintiff presents three contentions in seeking a reversal and remandment of the trial court’s order: (1) certain procedural defects in defendant’s pleadings should prevent him from raising the statute of limitations as an affirmative defense; (2) the conduct of defendant’s liability insurer estops defendant from asserting this affirmative defense; and (3) as an alternative to the second contention, the issue of estoppel raised a question…