Parente & Norem trial attorney, Jake Esp, successfully argued to the Illinois 3rd District Appellate Court to revive a long-disputed auto insurance coverage case involving over $330,000 in damages from a 2017 rollover crash.
The case was whether two insurance companies, Pekin Insurance Co. and Progressive Northern Insurance Co., were obligated to provide coverage in a lawsuit stemming from the fatal accident involving 19-year-old Electra Roumeliotis. The accident left passenger Benjamin Graunke seriously injured, and he later won a substantial judgment against Roumeliotis’ estate.
Both insurance companies had previously been granted summary judgment, arguing they had no duty to defend or indemnify the estate. Pekin claimed Roumeliotis didn’t have permission to drive the vehicle, while Progressive argued she didn’t qualify as a resident relative under the policy issued to her stepfather.
But the appellate court disagreed.
In a nonprecedential Rule 23 decision, Justice Linda E. Davenport wrote that key factual questions remained unresolved; particularly whether Roumeliotis had permission to drive the car and whether she met the criteria as a resident relative under Progressive’s policy. These issues, the court concluded, must be determined by a jury or through further legal proceedings, not resolved by summary judgment.
Jake Esp, who represented Graunke on appeal, praised the panel’s decision, stating they ‘got it right.’
“We’ll proceed with the case, possibly settle, or head to trial within a year,” said Esp.
Case citation: Pekin Insurance Co. v. Rydzewski, 2025 IL App (3d) 240358-U.
