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Williams v. American Country Insurance Co.7/29/2005
Defendant American Country Insurance Company (American Country) appeals from orders of the circuit court of Cook County granting summary judgment in favor of plaintiff Herman Davila and defendant Thomas Williams, and granting Williams' petition for attorney fees and costs pursuant to section 155 of the Illinois Insurance Code (Code) (215 ILCS 5/155 (West 2002)).
In the underlying action in this case, Davila, a police officer pedestrian, was struck by a taxicab owned by defendant Yellow Cab Company (Yellow Cab) and driven by Williams. Williams was convicted of misdemeanor battery as a result of the occurrence. Plaintiff filed suit against Williams and Yellow Cab Company, alleging negligence. The insurer of both Williams and Yellow Cab, American Country, undertook the defense of the personal injury case.
While the tort action was pending, Williams filed suit seeking a declaration that American Country was obligated to provide him with independent counsel because of a conflict of interest. Davila was granted leave to intervene. American Country filed a counterclaim naming Davila, Williams and Yellow Cab, seeking a declaration that it had no duty to defend Williams. On cross-motions for summary judgment, the trial court granted American Country's motion for summary judgment. After his motion to reconsider was denied, Davila appealed.
On appeal, this court affirmed the trial court's determination that our supreme court's holding in American Family Mutual Insurance Co. v. Savickas, 193 Ill. 2d 378 (2000), precluded Williams and Davila from contesting the fact that Williams' battery conviction established that his conduct in injuring Davila was intentional. American Country Insurance Co. v. Williams, 339 Ill. App. 3d 835, 847 (2003). However, we vacated the trial court's grant of summary judgment and remanded the case to the trial court to determine whether a conflict of interest was present and whether Williams was prejudiced by American Country's failure to pay for independent counsel to represent Williams. American Country Insurance Co., 339 Ill. App. 3d at 847.
On remand, Williams and Davila filed motions for summary judgment arguing that there was a conflict of interest and Williams suffered prejudice as a result of the conflict. The trial court found that American Country had a conflict of interest when it assumed Williams' defense in the underlying case and that Williams was prejudiced as a result of the conflict. Based on these findings, the trial court granted the motions for summary judgment; ordered American Country to provide independent counsel to Williams at American Country's expense; and held that American Country was estopped from asserting any coverage defenses in the underlying action. American Country now appeals the trial court's judgment. Williams filed a petition for attorney fees and costs pursuant to section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West 2002)). Following a hearing, the trial court granted Williams' petition and entered judgment against American Country in the amount of $150,000 which included $125,000 for attorney fees incurred in both the underlying tort action and the declaratory judgment action and $25,000 as a penalty for vexatious conduct. American Country also appealed that judgment and this court granted American Country's motion to consolidate these appeals.
I. BACKGROUND
On October 31, 1996, Davila, an Illinois State Police officer, was on duty outside the Thompson Center in Chicago. Williams was driving a taxicab east on Lake Street adjacent to the Thompson Center. While another police officer was directing traffic on Lake Street, Davila observed Williams repeatedly blowing h
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