American Access Casualty Company v. Alcauter, et al.

American Access Casualty Company v. Alcauter, et al., 2017 IL App (1st) 160775.  American Access, through its coverage attorney, filed a declaratory judgment action against its named insured, Jose Alcauter, and the tort plaintiff, Kimberly Krebs, for breach of the duty to cooperate in connection with an auto accident.  Alcauter failed to appear for his arbitration hearing, resulting in an award of $10,000 to Krebs.  American Access filed a motion for summary judgment against Alcauter and Krebs in the declaratory judgment action based on lack of cooperation.  The trial court denied the motion.