Smagala v. Owen

Plaintiff, Stanley Smagala, brought this breach of contract action against defendant, Colin Owen, individually and as a representative of Lloyd’s of London Insurance Co. (Lloyd’s), seeking to recover under the personal accident insurance policy plaintiff purchased from Lloyd’s. Defendant filed a motion to dismiss pursuant to section 2—615 of the Code of Civil Procedure (735 ILCS 5/2—615 (West 1996)), which the trial court granted. Plaintiff appeals, contending that: (1) the trial court abused its discretion in granting defendant’s motion to dismiss because plaintiff was disabled within 12…