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Illinois National Insurance Company - Filing a Filing of Default Judgment
Illinois National Insurance Company (INA) has filed a writ of mandamus in the Circuit Court in Springfield to review a non-judicial foreclosure judgment entered against it in the United States District Court for the Northern District of Illinois. INA requests a writ of mandamus to review a default judgment entered against it in the United States District Court for the Northern District of Illinois in which (1) INA was ordered to make its insurance claims file a claim with its insured, Patricia Bolen; (2) in an order dated April 20, 2020, a default judgment was entered against INA by the United States Trustee's Office in the case; and (3) in an order dated June 11, 2020, an involuntary receivership was awarded against INA by the Trustee's Office in the case. In this action, INA requests a writ of mandamus to review its motion to dismiss the complaint and to grant or deny the petition.
The court granted the writ and denied it in part and denied it in full, without prejudice. The motion is moot, as no further proceedings on the issue have been completed. If the motion is granted, it will be stayed until the merits of the appeal are decided.
The case in question was instituted by a plaintiff who suffered financial losses from a lawsuit against INA by its insured and a third-party defendant. The plaintiff sued in the District Court of the Northern District of Illinois. The complaint alleged breach of contract, fraud, breach of warranty, unjust enrichment, unfair competition, unjust enrichment of the defendant, unjust enrichment of its insurers, and breach of contract. After entering a default judgment against INA, the third-party defendant filed a suit against the plaintiffs. The complaint alleged breach of warranty, fraudulent concealment, intentional and negligent misrepresentation, tortious interference with economic benefits, and unjust enrichment.
On appeal, a jury trial was held. At linkedin , the defendants sought a default judgment against the plaintiffs for the failure to pay a claim that had not been satisfied. In addition, the defendants requested a default judgment in order to obtain the proceeds of insurance and reimbursement for attorneys' fees. The plaintiffs argued that INA had breached its obligation to make its claims files available to its insured and that INA owed its insurers the right to obtain those files if it failed to do so.
On May 24, 2020, the Circuit Court denied INA's motion to dismiss the complaint and entered a default judgment against the plaintiffs. In an order dated August 6, 2020, the court ordered the defendants to give notice of its intent to file a notice of appeal. by August 12, 2020. This notice was served on the United States Trustee's Office.
On cheap insurance , 2020, the plaintiff's complaint was served on the United States Trustee's Office, stating that it intended to file a writ of mandamus. in the Circuit Court of the United States District Court for the Northern District of Illinois. On October 8, 2020, the United States Trustee's Office, which had served the complaint on the defendants, moved to dismiss the complaint, arguing that the complaint was moot and therefore not subject to collateral attack.
The parties filed briefs amicus curiae, which are briefs for the opposing parties. in support of their positions. The district court dismissed the complaint for lack of subject matter jurisdiction.
On December 4, 2020, the United States Trustee's Office filed a notice of its intention to proceed with the final judgment. The United States Trustee's Office also filed a notice of its intention to file a second notice of default judgment against the plaintiffs.
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