Clayton v. Millers First Insurance Companies

              1
NOTICE
Decision filed 07/25/08. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-07-0061
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
STEVEN CLAYTON, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Bond County.
)
v. ) No. 03-L-22
)
MILLERS FIRST INSURANCE )
COMPANIES, ) Honorable
) John Knight,
Defendant-Appellee. ) Judge, presiding.
________________________________________________________________________
JUSTICE GOLDENHERSH delivered the opinion of the court:
Plaintiff, Steven Clayton, filed a declaratory judgment action against defendant,
Millers First Insurance Companies, in the circuit court of Bond County. The court granted
a partial summary judgment to defendant. On appeal, plaintiff raises these issues: (1)
whether the trial court erred by ruling in a summary judgment that plaintiff was not a family
member under the insurance policy and (2) whether defendant acted in bad faith by refusing
to pay. We vacate and remand.
FACTS
On August 25, 2002, plaintiff, a minor, was a passenger in a car that was involved in
a one-car accident. The driver was also a minor. Plaintiff filed suit against the minor driver
and the owner of the vehicle, the minor's father. The driver's father subsequently filed for
bankruptcy, and plaintiff filed an amended complaint naming the driver's mother as a
defendant. The driver's mother subsequently filed for bankruptcy.
On the date of the accident, plaintiff lived with his mother, Carol Clayton, and her
then-fiancé, Nick Gregory. Gregory submitted an affidavit claiming that plaintiff has lived