Insurer loses in bid to toss out affidavit

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 15, 2018 3:14 PM

Spotting problems in the affidavit Beatrice Ebijimi’s attorney submitted when responding to Safeway Insurance Co.’s request for summary judgment in a fight about uninsured motorist benefits, a Cook County judge tossed the entire declaration and granted Safeway’s motion — but the Illinois Appellate Court reversed because the judge should have sliced out the defective portions of the sworn statement and ruled against Safeway based on the remainder. Safeway Insurance Co. v. Ebijimi, 2018 IL App (1st …

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