Wallis v. Country Mutual Insurance

This case arises out of an insurer’s refusal to pay a claim for water damage to an insured’s house. Plaintiffs, Larry and Mae Wallis, brought a two-count complaint against defendant, Country Mutual Insurance Company, alleging breach of contract and vexatious refusal to pay a claim. Summary judgment was granted in favor of defendant. Plaintiffs timely appeal (see 155 Ill. 2d Rs. 301, 303), arguing that summary judgment was improper because defendant failed to prove that damage to plaintiffs’ house resulted from a peril excluded from the all-risk homeowner’s insurance policy. We disagree with…