Siwek v. White

              FIFTH DIVISION
February 27, 2009
No. 1-07-2600
CHRISTINE SIWEK and JERROLD D. ERICKSON,
Plaintiffs-Appellees,
v.
JESSE WHITE, Secretary of State of Illinois, MARY
BETH WHEELER, Hearings Officer, Department of
Administrative Hearings, and ILLINOIS INSURANCE
CENTER, INC.,
Defendants
(American Access Casualty Company,
Defendant-Appellant).
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Appeal from the
Circuit Court of
Cook County
Honorable
Martin S. Agran,
Judge Presiding.
JUSTICE O’MARA FROSSARD delivered the opinion of the court:
On June 27, 2003, plaintiff-appellee Christine Siwek was involved in an automobile accident
while operating a vehicle owned by plaintiff-appellee Jerrold D. Erickson. Siwek’s insurer,
defendant-appellant, American Access Casualty Company (American), informed the State of Illinois
that Siwek’s insurance policy had been cancelled and she was therefore not covered for the accident.
Following an administrative hearing, Siwek’s driver’s license was suspended and the plaintiffs
brought the instant suit for administrative review, declaratory judgment, and injunctive relief. The
plaintiffs’ complaint generally alleged that the insurance policy was never properly canceled and
Siwek was therefore properly insured at the time of the accident.