Golden Rule Insurance v. Manasherov

558 N.E.2d 543, 200 Ill. App. 3d 961, 146 Ill. Dec. 580, 1990 Ill. App. LEXIS 1069
CourtAppellate Court of Illinois
DecidedJuly 18, 1990
Docket5-88-0782
StatusPublished
Cited by5 cases

This text of 558 N.E.2d 543 (Golden Rule Insurance v. Manasherov) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Golden Rule Insurance v. Manasherov, 558 N.E.2d 543, 200 Ill. App. 3d 961, 146 Ill. Dec. 580, 1990 Ill. App. LEXIS 1069 (Ill. Ct. App. 1990).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

The plaintiff, Golden Rule Insurance Company, filed suit in the circuit court of Lawrence County, Illinois, seeking a declaratory judgment that it was not liable to the defendant, Maria Manasherov, on a claim for medical and hospital bills incurred by her daughter. The defendant filed a motion based upon the doctrine of intrastate forum non conveniens to transfer the cause to Lake County or Cook County. The circuit court granted the defendant’s motion and transferred the case to the circuit court of Cook County. We granted plaintiff’s petition for leave to appeal pursuant to Supreme Court Rule 306(a)(l)(ii) (107 Ill. 2d R. 306(a)(1)(ii)). We affirm.

Plaintiff’s complaint alleged that it is an Illinois corporation with its home office and principal place of business in Lawrenceville, Lawrence County, Illinois. The defendant is a resident of Buffalo Grove, Lake County, Illinois. Plaintiff alleged that the defendant filed a written application with Golden Rule for a family health insurance policy through an independent broker, Eugene S. Weil, d/b/a Weil Financial Concepts of Chicago, Illinois. Defendant’s answer denied that Weil was an independent broker and alleged that Weil held himself out to be the agent for plaintiff and had apparent authority to act for the plaintiff. The application for insurance named the defendant as the insured and her husband and two children as covered dependents. The application provided that the insurance would become effective when the application was approved by Golden Rule, and, if approved, the insurance would become effective on the later of: (1) the requested policy date; or (2) the date the application and payment of the premium was received by Golden Rule at its home office. The application also provided that no benefits would be paid for a health condition that existed prior to the date when the insurance took effect. The requested policy date shown on the application was January 6, 1987. The plaintiff alleged, however, that the application and payment of the premium was not received by Golden Rulé at its office until January 12, 1987. In her answer, the defendant denied that the application and premium were received on January 12 and the defendant asserted that she is a recent immigrant from Russia with a limited knowledge of the English language and that she relied upon the representations of Eugene Weil that he was an agent for the plaintiff and that coverage was effective upon the mailing of the premium to plaintiff by the defendant. The defendant’s daughter, Regina Manasherov, was admitted to Northwestern Memorial Hospital in Chicago on January 8, 1987, where she was treated for a viral illness. She was discharged two weeks later. The defendant submitted a claim for Regina’s hospital and medical bills; Golden Rule denied the claim and filed this action for declaratory judgment.

The defendant’s forum non conveniens motion alleged that virtually all sources of proof were located either in Cook or Lake Counties, including the defendant, her husband, her daughter, the hospital, the insurance agency that sold the insurance policy to the defendant, and the bank where the check was drawn for payment of the insurance premium. The defendant also asserted that the courts of Cook and Lake Counties were easily accessible to the defendants and their witnesses while the expense and inconvenience of defending the case in distant Lawrence County would render it virtually impossible for her to proceed. Plaintiff’s response to defendant’s motion to transfer asserted that Lawrence County was the most convenient forum because the defendant’s application and initial premium were received in Lawrenceville, the application was processed in Lawrenceville, telephone calls were made from Lawrenceville regarding the application, the policy was issued from plaintiff’s Lawrenceville office, defendant’s claim was presented to the Lawrenceville office, and her claim for benefits was denied at Lawrenceville. In addition, the affidavit of Frankie J. Deckard, an employee of Golden Rule, named eight Golden Rule employees who took part in reviewing, underwriting and issuing the policy and in dealing with defendant’s claims. Plaintiff also contended that the dockets of the courts of Cook and Lake Counties were more crowded than the docket of the circuit court of Lawrence County.

In granting the defendant’s motion and transferring the case to Cook County, the trial court found that the balance of relevant factors strongly favored the defendant because the access to relevant sources of proof was much greater in Cook County and the “advantages and obstacles to obtaining a fair trial strongly favor Cook County, as time, convenience and access to sources of proof are much greater there, and the congestion of court dockets has not been shown to be any factor which would disfavor any proper venue over another; finally, the convenience to the parties would be far greater in Cook County, which is near the defendant’s home and near the agent and the medical witnesses, whose testimony would determine the status of the parties as to insurance coverage.”

The granting or denial of a forum non conveniens motion lies within the sound discretion of the trial court, and its decision will not be disturbed unless it is shown that the court abused its discretion in weighing the relevant considerations. (McClain v. Illinois Central Gulf R.R. Co. (1988), 121 Ill. 2d 278, 288, 520 N.E.2d 368, 372; Jones v. Searle Laboratories (1982), 93 Ill. 2d 366, 373, 444 N.E.2d 157, 160; McDowell v. Marathon Oil Co. (1987), 151 Ill. App. 3d 1065, 1067, 503 N.E.2d 1190, 1192.) We emphasize that this court’s duty on review is not to determine whether the trial court exercised its discretion wisely, but only whether it abused that discretion. Brummett v. Wepfer Marine, Inc. (1986), 111 Ill. 2d 495, 503-04, 490 N.E.2d 694, 699; McDowell, 151 Ill. App. 3d at 1067, 503 N.E.2d at 1192.

Forum non conveniens is an equitable doctrine designed to promote fair play between the litigants. (Torres v. Walsh (1983), 98 Ill. 2d 338, 351, 456 N.E.2d 601, 607.) Under this doctrine “a court may decline to exercise jurisdiction of a case whenever it appears that there is another forum with jurisdiction of the parties in which trial can be more conveniently had.” (Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223, 506 N.E.2d 1291, 1294.) A decision to grant or deny a forum non conveniens motion involves a balancing of the private interest factors affecting the convenience of the parties and public interest factors affecting the administration of the courts. (Bland, 116 Ill. 2d at 223-24, 506 N.E.2d at 1294.)

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Cite This Page — Counsel Stack

Bluebook (online)
558 N.E.2d 543, 200 Ill. App. 3d 961, 146 Ill. Dec. 580, 1990 Ill. App. LEXIS 1069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golden-rule-insurance-v-manasherov-illappct-1990.