February 14, 2008
PROGRESSIVE INSURANCE COMPANY ) Appeal from the
a/s/o Mervin Thomas, ) Circuit Court of
) Cook County.
v. ) No. 05 M1 018543
FREDRICK WILLIAMS, ) Honorable
) Wayne D. Rhine,
Defendant-Appellee. ) Judge Presiding.
PRESIDING JUSTICE NEVILLE delivered the opinion of the court:
The plaintiff, Progressive Insurance Company (Progressive), as subrogee of Mervin Thomas
(Thomas), filed a complaint against the defendant, Fredrick Williams, alleging that Williams’
negligent operation of a motor vehicle caused injuries to Thomas on March 5, 2004. The defendant
filed a motion to dismiss pursuant to section 2-619 of the Code of Civil Procedure (Code) and alleged,
among other things, that Progressive was not a bona fide subrogee. 735 ILCS 5/2-619(a)(9) (West
2006). In a July 13, 2006 order, the trial court granted the defendant’s motion and dismissed the
plaintiff’s complaint with prejudice.
Progressive presents two issues for review: (1) whether the defendant has standing to challenge
plaintiff's contractual right to seek subrogation where he has no legally cognizable interest in the
insurance contract between Progressive and Thomas; and (2) whether plaintiff's subrogation action is
barred by a provision in Minnesota No-Fault Automobile Insurance Act (Minnesota