Appellate Law

Motion To Strike Summary Judgment Affidavit Reviewed De Novo

By Steven R. Merican

As representative of Stanley Collins?s estate, Lisa Collins sued St. Paul Mercury Insurance for underinsured motorist coverage of the auto accident that killed Stanley. Lisa appealed after the trial court ruled that St. Paul did not owe insurance coverage and awarded the company summary judgment.

Among other things, Lisa complained that her affidavit supporting her opposition to summary judgment should not have been stricken. The First District Illinois Appellate Court identified the proper standard of review as de novo. ?When a trial court rules on a motion to strike an affidavit in conjunction with a motion for summary judgment, the appellate court reviews that ruling de novo.?

In this case, the appellate court ruled it was proper to strike the affidavit because it ?failed to comply with the requirements of [Illinois Supreme Court Rule 191] in that it contained unsupported assertions, opinions, and conclusions regarding plaintiff's ?expectations? about the St. Paul policy's coverage.? Read the whole case, Collins v. St. Paul Mercury Insurance Co., No. 1-06-36-1 (3/25/08), by clicking here.

Full post as published by Illinois Appellate Lawyer Blog on June 29, 2008 (boomark / email).