November 2, 2006
STATE FARM MUTUAL AUTOMOBILE ) Appeal from the
INSURANCE COMPANY and JAMES MACHAK, ) Circuit Court of
) Cook County.
v. ) No. 02 CH 13736
ILLINOIS FARMERS INSURANCE COMPANY, )
MID-CENTURY INSURANCE COMPANY, and )
GEORGE YOUNG, ) Honorable
) John Madden,
Defendants-Appellants. ) Judge Presiding.
JUSTICE NEVILLE delivered the opinion of the court:
The plaintiffs, State Farm Mutual Automobile Insurance Company (State Farm) and James
Machak (Machak), sought declaratory and other relief from the defendants, Illinois Farmers Insurance
Company and its affiliate, Mid-Century Insurance Company (hereinafter Farmers and its affiliate, Mid-
Century, will be referred to as Farmers). On February 18, 2004, the trial court entered an order which
granted State Farm and Machak's motion for partial summary judgment on counts I through IV but
stayed all other proceedings in the trial court. The trial court also made a special finding that, as to
the partial summary judgment order, “there is no just reason for delaying either enforcement or appeal
or both.” Official Reports Advance Sheet No. 22 (October 26, 2005), R. 304(a), eff. January 1, 2006.
Farmers presents two issues for our review: (1) whether State Farm’s direct action lawsuit against