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Case Law Update: Subrogation in Automobile Accident Cases

The 3rd District in Safeco Insurance Company v. Jelen, No. 3-06-0681 (April 10, 2008) Warren County (McCULLOUGH) Affirmed in part reversed in part, remanded: Because insurer’s subrogation complaint against defendant, tortfeasor, for recovery of medical expenses it paid on behalf of its insured after she was injured in automobile collision in Illinois with defendants, is a tort claim, Illinois subrogation law will be applied under most significant relationship test. Therefore, trial court erred when it granted 2-615 motion to dismiss plaintiff’s complaint for lack of standing. However, since insurer failed to submit any affidavits in response to Section 2-619 motion to dismiss counts based on agency, trial court did not err when it allowed defendant’s motion to dismiss those counts of plaintiff’s complaint.