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The First District Appellate Court has held that an automobile insurer was collaterally estopped from contesting a judgment in another case to which the insurer was not a party, rescinding the liability coverage of the tortfeasor and triggering the uninsured motorist coverage under the policy. The case is American Freedom Insurance Co. v. Garcia, 2021 IL App (1st) 200231.

Ramon Garcia was American’s insured on a policy including uninsured motorist coverage. A collision occurred on September 23, 2013 between a vehicle owned and driven by Garcia and one owned and driven by Nancy Benitez-Yanez who was insured by Direct according to the police report.

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