The Illinois Appellate Court has reversed a Circuit Court judge’s order dismissing a lawsuit related to insurance coverage. John Smolinski was in a car accident on March 3, 2012. At the time, Smolinski was driving a rented car. Mr. Smolinski had previously entered into a “personal auto policy” with Allmerica Financial Alliance Insurance Co.
On September 27, 2012, Smolinski filed a lawsuit pro se against Allmerica claiming that it had violated the terms of the insurance contract by refusing to pay for damages to Smolinski’s car.
Allmerica filed its appearance and a hearing was set for December 17. Smolinski was not present at the December 17 court hearing and the matter was dismissed for want of prosecution.