Century-National Insurance v. Tracy

Plaintiff, Century-National Insurance Company (Century), brought a declaratory action against defendants, James Joseph Tracy (James), Debra Tracy (Debra), and CMDK Development Corporation (CMDK), alleging that James was not entitled to underinsured motorist benefits under a policy issued to CMDK. Century appeals from a directed finding entered by the trial court at the conclusion of Century’s case and the award of Supreme Court Rule 137 (155 111. 2d R. 137) sanctions against Century and its attorney, Daniel Súber.

The record on appeal reveals the following pertinent facts. CMDK was co-owned by…