High court sweeps out two actions in transport crash case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 10, 2019 3:29 PM

Vacating an appellate opinion and a trial court order in a case with several improper procedural maneuvers, the Illinois Supreme Court explained that the counterclaim Professional Transportation Inc., or PTI, filed — along with a matching set of affirmative defenses — as its response to Mary Terry Carmichael’s complaint (about alleged failure to provide her with the required amount of underinsured motorist coverage) wasn’t a “true counterclaim” and should have been stricken “as …

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