{ "id": 4304492, "name": "AMERICAN SERVICE INSURANCE COMPANY, Plaintiff-Appellant, v. THE CITY OF CHICAGO, Defendant-Appellee (Medmarc Casualty Insurance Company, Plaintiff; David Carrillo et al., Defendants)", "name_abbreviation": "American Service Insurance v. City of Chicago", "decision_date": "2010-09-17", "docket_number": "No. 1\u201409\u20141693", "first_page": "769", "last_page": "783", "citations": [ { "type": "official", "cite": "404 Ill. App. 3d 769" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "398 Ill. App. 3d 832", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4295700 ], "year": 2010, "pin_cites": [ { "page": "836" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/398/0832-01" ] }, { "cite": "361 Ill. App. 3d 125", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4259423 ], "year": 2005, "pin_cites": [ { "page": "134" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/361/0125-01" ] }, { "cite": "387 Ill. App. 3d 40", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4282072 ], "year": 2008, "pin_cites": [ { "page": "56" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/387/0040-01" ] }, { "cite": "419 U.S. 393", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6175706 ], "weight": 3, "year": 1975, "pin_cites": [ { "page": "399-400" }, { "page": "540" }, { "page": "557" } ], "opinion_index": 0, "case_paths": [ "/us/419/0393-01" ] }, { "cite": "91 Ill. 2d 231", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3092172 ], "year": 1982, "pin_cites": [ { "page": "236" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/91/0231-01" ] }, { "cite": "382 Ill. App. 3d 672", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4276590 ], "weight": 2, "year": 2008, "pin_cites": [ { "page": "677" }, { "page": "683" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/382/0672-01" ] }, { "cite": "369 U.S. 186", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6166554 ], "weight": 6, "year": 1962, "pin_cites": [ { "page": "204" }, { "page": "678" }, { "page": "703" }, { "page": "204" }, { "page": "678" }, { "page": "703" } ], "opinion_index": 0, "case_paths": [ "/us/369/0186-01" ] }, { "cite": "96 Ill. 2d 273", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3114522 ], "weight": 2, "year": 1983, "pin_cites": [ { "page": "276-77" }, { "page": "276-77" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/96/0273-01" ] }, { "cite": "3 Ill. 2d 375", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2695151 ], "year": 1954, "pin_cites": [ { "page": "378-79, 380" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/3/0375-01" ] }, { "cite": "127 Ill. 2d 247", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5564516 ], "weight": 5, "year": 1989, "pin_cites": [ { "page": "255" }, { "page": "255" }, { "page": "255" }, { "page": "257-58" }, { "page": "258" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/127/0247-01" ] }, { "cite": "183 Ill. 2d 482", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 209988 ], "weight": 3, "year": 1998, "pin_cites": [ { "page": "491" }, { "page": "490-91", "parenthetical": "consideration of the issues will not affect the result and \"a decision on the merits cannot result in appropriate relief to the prevailing party\"" }, { "page": "491" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/183/0482-01" ] }, { "cite": "92 Ill. App. 3d 99", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5533128 ], "year": 1980, "pin_cites": [ { "page": "102-03" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/92/0099-01" ] }, { "cite": "377 Ill. App. 3d 642", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4273176 ], "year": 2007, "pin_cites": [ { "page": "645" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/377/0642-01" ] }, { "cite": "387 Ill. App. 3d 549", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4281965 ], "year": 2008, "pin_cites": [ { "page": "552" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/387/0549-01" ] }, { "cite": "138 Ill. App. 3d 720", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 8499557 ], "weight": 3, "year": 1985, "pin_cites": [ { "page": "725", "parenthetical": "\"the default against the insured and the termination of his rights did not terminate the rights of the injured party\" against the insurance company" }, { "page": "725", "parenthetical": "\"a liability insurance carrier cannot cut off the rights of a third [party] who has filed suit against the insured merely by obtaining a judgment against the insured declaring that a policy defense is operative\"" }, { "page": "725", "parenthetical": "an injured \"party having brought suit against an alleged tortfeasor had standing to seek a declaration as to the validity of the alleged tortfeasor's liability insurance policy\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/138/0720-01" ] }, { "cite": "376 Ill. App. 3d 459", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4272565 ], "weight": 3, "year": 2007, "pin_cites": [ { "page": "465, 464", "parenthetical": "although \"a default is regarded as an admission of the material facts stated in the complaint,\" a trial court also has \"discretion to require proof of the allegations in the complaint\"" }, { "page": "464", "parenthetical": "\"Where an insurer is not prepared to meet its burden of proof ***, a court may properly refuse to enter a default judgment in the insurer's favor\"" }, { "page": "466", "parenthetical": "\"A default does not admit the conclusions in the complaint\" (emphasis in original)" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/376/0459-01" ] }, { "cite": "204 Ill. 2d 127", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 609708 ], "weight": 5, "year": 2003, "pin_cites": [ { "page": "129" }, { "page": "129" }, { "page": "129" }, { "page": "129-30" }, { "page": "131-32", "parenthetical": "after plaintiff received a final judgment, she could not pursue an alternate theory of recovery for the same injury" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/204/0127-01" ] }, { "cite": "354 Ill. App. 3d 1029", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3218330 ], "year": 2004, "pin_cites": [ { "page": "1039-40" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/354/1029-01" ] }, { "cite": "391 Ill. App. 3d 334", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4285435 ], "year": 2009, "pin_cites": [ { "page": "339", "parenthetical": "\"regarding section 2 - 619 of the Code, we hold that dismissal under this section was proper as well, since plaintiff's claim is moot\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/391/0334-01" ] }, { "cite": "336 Ill. App. 3d 132", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1599229 ], "year": 2002, "pin_cites": [ { "page": "136-37" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/336/0132-01" ] }, { "cite": "398 Ill. App. 3d 868", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4295830 ], "year": 2010, "pin_cites": [ { "page": "879" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/398/0868-01" ] }, { "cite": "389 Ill. App. 3d 268", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4284716 ], "weight": 2, "year": 2009, "pin_cites": [ { "page": "275" }, { "page": "275" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/389/0268-01" ] }, { "cite": "384 Ill. App. 3d 979", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4278412 ], "weight": 2, "year": 2008, "pin_cites": [ { "page": "987", "parenthetical": "\"we may affirm on any basis supported by the record, regardless of whether the trial court based its decision on the proper ground\"" }, { "page": "987", "parenthetical": "\"we may affirm on any basis supported by the record, regardless of whether the trial court based its decision on the proper ground\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/384/0979-01" ] }, { "cite": "209 Ill. 2d 248", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5461402 ], "weight": 3, "year": 2004, "pin_cites": [ { "page": "262" }, { "page": "261", "parenthetical": "when reviewing a section 2 - 619 dismissal, we can affirm \"on any basis present in the record\"" }, { "page": "261", "parenthetical": "when reviewing a section 2 - 619 dismissal, we can affirm \"on any basis present in the record\"" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/209/0248-01" ] }, { "cite": "231 Ill. 2d 474", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3617056 ], "weight": 2, "year": 2008, "pin_cites": [ { "page": "488" }, { "page": "488" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/231/0474-01" ] }, { "cite": "221 Ill. 2d 558", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5703617 ], "weight": 2, "year": 2006, "pin_cites": [ { "page": "579" }, { "page": "579" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/221/0558-01" ] }, { "cite": "223 Ill. 2d 49", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3604629 ], "year": 2006, "pin_cites": [ { "page": "59" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/223/0049-01" ] } ], "analysis": { "cardinality": 1052, "char_count": 34940, "ocr_confidence": 0.779, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.14491134425211663 }, "sha256": "3948094a84614ffbcb341afc5caa5a0d03edeefd20a683affc051b6f6c92e9f9", "simhash": "1:1e8d9b9764595c71", "word_count": 5712 }, "last_updated": "2023-07-14T16:58:54.131587+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "AMERICAN SERVICE INSURANCE COMPANY, Plaintiff-Appellant, v. THE CITY OF CHICAGO, Defendant-Appellee (Medmarc Casualty Insurance Company, Plaintiff; David Carrillo et al., Defendants)." ], "opinions": [ { "text": "JUSTICE ROBERT E. GORDON\ndelivered the opinion of the court:\nThis is an interlocutory appeal. The trial court dismissed the two claims which plaintiff American Service Insurance Company (ASI) had brought against defendant City of Chicago, on the ground that these two claims were now moot. In this interlocutory appeal, plaintiff ASI appeals the dismissal of these two claims. For the reasons discussed below, we reverse the partial dismissal order and remand for proceedings consistent with this opinion.\nBACKGROUND\n1. Overview\nThis appeal involves two separate types of actions. First, the City of Chicago (City) filed administrative actions against David Carrillo, Sylvia Vargas and Josu\u00e9 Lamontagne, who were all involved in separate motor vehicle accidents that resulted in damage to City property. Carrillo\u2019s and Vargas\u2019s automobile liability insurance policies were issued by ASI, and Lamontagne\u2019s policy was issued by Medmarc Casualty Insurance Company (Medmarc).\nThe second type of action was a suit filed in the circuit court of Cook County by ASI and Medmarc in which the insurance companies sought to defeat any liability by them for coverage for these administrative judgments. It is this suit which is the subject of this appeal. In this circuit court suit, the defendants were: the City, which had sought administrative judgments from the policyholders; and the policyholders themselves.\nIn the circuit court action, plaintiff ASI sought and obtained default orders against the ASI policyholders. As a result, defendant City moved to dismiss ASI\u2019s claims against it on the grounds that, since plaintiff ASI had already obtained default orders against the policyholder defendants, it lacked standing to pursue the policyholders\u2019 claims and that ASI\u2019s claims were now moot. The trial court granted the motion, which resulted in a partial dismissal of the case.\nThe only claims that were dismissed by the trial court were the claims of plaintiff ASI against defendant City. The claims that were not dismissed were: (1) plaintiff Medmarc\u2019s claims against the City; (2) plaintiff Medmarc\u2019s claims against the sole Medmarc policyholder, Josu\u00e9 Lamontagne; and (3) plaintiff ASI\u2019s claims against the two ASI policyholders, David Carrillo and Sylvia Vargas. Even though the dismissal was only partial, the trial court found no reason to delay the appeal of its order and this interlocutory appeal followed.\n2. The Plaintiffs\nPlaintiffs ASI and Medmarc are insurance companies that are doing business in Illinois and that provide policies of automobile liability insurance to Illinois residents.\nThe sole appellant is plaintiff ASI, which appeals the trial court\u2019s order dismissing, with respect to ASI only, counts I and II, which are the counts of the complaint against the City. Plaintiff Medmarc is not a party to this appeal, because the trial court stayed counts I and II with respect to plaintiff Medmarc, and stayed counts III, IV and V with respect to both plaintiffs, pending the outcome of this appeal.\n3. The Defendants\nThe sole appellee is defendant City of Chicago. None of the policyholder defendants filed appearances or chose to file briefs in this appeal. There appears to be some confusion concerning who the policyholder defendants are. In its notice of appeal, plaintiff ASI listed the policyholder defendants as David Carrillo, Sylvia Vargas and Josu\u00e9 Lamontagne. These are also the same policyholder defendants listed in the caption of both the trial court\u2019s dismissal order and plaintiffs\u2019 third amended complaint, which was the subject of the dismissal order. However, in the caption on its appellate briefs, plaintiff ASI listed the policyholder defendants as Jan Kisielewski, David Carrillo, Sylvia Vargas and Stanislaw Brzeszcz. By contrast, in the caption to its appellate brief, defendant City listed the individual defendants as provided in plaintiffs notice of appeal. In this opinion, for the purpose of determining the appropriate policyholder defendants, we have relied on the notice of appeal, as well as the dismissal order and plaintiffs\u2019 own complaint.\nAs explained above, there are only three policyholder defendants: Carrillo and Vargas, who owned vehicles insured by plaintiff ASI; and Lamontagne, who owned a vehicle insured by plaintiff Medmarc. While operating their respective vehicles, Carrillo, Vargas and Lamontagne were all involved in separate motor vehicle collisions which resulted in damage to City property.\nDefendant City filed administrative complaints in which it alleged that the policyholder defendants violated several sections of the Chicago Municipal Code. In these complaints, defendant City sought money for property damage repairs, statutory penalties, attorney fees and administrative costs. The administrative complaints were brought before administrative hearing officers, in the City\u2019s Department of Administrative Hearings.\nFor example, the administrative complaint against defendant Carrillo contained three counts and all three counts sought money pursuant to specific provisions of the Chicago Municipal Code. The first count was brought pursuant to section 8 \u2014 4\u2014120 of the Chicago Municipal Code (Chicago Municipal Code \u00a78 \u2014 4\u2014120 (amended July 29, 1998)), which provides that any person injuring city property shall be fined between $200 and $500; the second count was brought pursuant to section 1 \u2014 20\u2014020 (Chicago Municipal Code \u00a71 \u2014 20\u2014020 (amended July 21, 2004)), which permitted the City to recover costs; and the third count was brought pursuant to section 1 \u2014 20\u2014060 (Chicago Municipal Code \u00a71 \u2014 20\u2014060 (amended July 21, 2004)), which authorized the City to recover attorney fees and collection costs. Although the complaint\u2019s prefatory paragraphs alleged that defendant\u2019s actions had violated provisions of the Illinois Vehicle Code, the three counts sought monies only pursuant to specific Municipal Code sections.\n4. The Circuit Court Complaint\nThe third amended complaint, filed March 5, 2009, is the subject of the trial court\u2019s dismissal order. In counts I and II, plaintiffs sought relief against defendant City. Plaintiffs sought injunctive relief in count I and declaratory relief in count II. In these counts, plaintiffs allege that the City\u2019s administrative tribunals lacked subject matter jurisdiction over motor vehicle collisions; that the City\u2019s administrative complaints violated the Illinois Constitution\u2019s guarantee of a jury trial for tort claims; and that statutory law also did not permit recovery for automobile collisions in administrative tribunals.\nIn counts III, IV and V, plaintiffs sought relief against the policyholder defendants. In count III, plaintiffs sought a declaration that the damages alleged by defendant City were not covered under the policies issued by plaintiffs. In count iy plaintiff ASI claimed a policy defense of late notice against policyholder defendant Carrillo; and in count V, plaintiff Medmarc also claimed late notice against defendant Lamontagne.\n5. Nonsuits and Default Judgments\nAs noted above, there are two different types of actions involved on this appeal, and default orders occurred in both types. First, there are the underlying administrative actions by the City against the policyholders, in which the City is the plaintiff and the policyholders are the defendants. Second, there is this suit, filed by the plaintiff insurance companies in the circuit court of Cook County, in which the City is now a defendant, as are the policyholders.\nIn one of the underlying administrative actions, the City non-suited the action. On December 17, 2007, the City nonsuited its administrative complaint against policyholder David Carrillo. On April 5, 2007, the City had previously obtained a default judgment against Carrillo in the amount of $12,518.08. The notice of the default judgment informed Carrillo that he had 21 days to file a petition to vacate with the Department of Administrative Hearings (DOAH). In its complaint, ASI admits that it received notice of the claim from Carrillo on February 15, 2007, long before the entry of the default judgment. The City states in its appellate brief that Carrillo subsequently filed a motion before DOAH to set aside the judgment and that the City then nonsuited its administrative suit on December 17, 2007.\nIn the other underlying administrative action against an ASI policy holder, the City obtained a default judgment against policyholder Sylvia Vargas on April 23, 2007, in the amount of $9,979.18.\nIn the circuit court action, plaintiff ASI moved for and obtained default orders against both ASI policyholder defendants, Carrillo and Vargas. The trial court granted plaintiff ASI a default order against Carrillo on January 7, 2008, and against Vargas on January 7, 2008.\nThe appellate record does not indicate that plaintiff Medmarc moved for a default order against Lamontagne, the sole Medmarc policyholder named in the complaint; and the City did not move to dismiss plaintiff Medmarc on that ground.\n6. Revised Administrative Complaint\nDefendant City claimed that, in December 2007, it stopped using the administrative complaint at issue in this suit and replaced it with a new complaint. In its appellate brief, defendant City stated: \u201cAlthough the City pursues administrative hearings in these types of cases based on damage to City property in violation of Municipal Code of Chicago, III. \u00a7\u00a78 \u2014 4\u2014120, 1 \u2014 20\u2014020, 1 \u2014 20\u2014060 (2009), the old complaint also made reference to violations of the Illinois Vehicle Code when such violations were part of the factual background leading to the property damage. [Citation.] The new complaint has removed any reference to violations of the Vehicle Code and clarifies that the sole basis for the hearing is the Municipal Code violation.\u201d\n7. Motion to Dismiss\nIn the circuit court action, defendant City moved to dismiss counts I and II, with respect to plaintiff ASI only. Specifically, on April 9, 2009, defendant City moved to dismiss, pursuant to section 2 \u2014 619 of the Code of Civil Procedure (735 ILCS 5/2 \u2014 619 (West 2008)), on several grounds. Defendant City claimed: (1) that, since plaintiff ASI had already obtained default orders against the policyholder defendants, it lacked standing to pursue the policyholders\u2019 claims; (2) that the default orders rendered ASI\u2019s claims moot; (3) that plaintiff ASI\u2019s claims were also rendered moot because defendant City was no longer using the same administrative complaint that it used in connection with the policyholders at issue; and (4) that plaintiff may not pursue injunctive and declaratory relief to prevent defendant City from seeking administrative judgments against unidentified ASI policyholders in the future.\n8. Orders Appealed From\nOn May 20, 2009, the trial court issued a written order stating: \u201cCity\u2019s motion to dismiss counts I & II against Plaintiff ASI only of Plaintiff\u2019s Third Amended Complaint is granted for the reasons indicated in the City\u2019s motion.\u201d No record of proceedings or bystander\u2019s report was provided in the appellate record.\nOn June 2, 2009, the trial court issued a written order in which it found no reason to delay enforcement and appeal, pursuant to Supreme Court Rule 304(a). 210 Ill. 2d R. 304(a) (\u201cIf multiple parties or multiple claims for relief are involved in an action, an appeal may be taken from a final judgment as to one or more but fewer than all of the parties or claims only if the trial court has made an express written finding that there is no just reason for delaying either enforcement or appeal or both\u201d).\nIn the order dated June 2, 2009, the trial court also ruled that: \u201cCounts I and II of [plaintiff] MEDMARC\u2019s complaint, and Counts III, IV and V of Plaintiff ASI and MEDMARC\u2019s complaint are hereby stayed until further order of this Court pending appeal by [plaintiff] ASI of the Dismissal of Counts I and II of [plaintiff] ASI\u2019s complaint.\u201d\nANALYSIS\n1. Standard of Review\nOn appeal, plaintiff asks us to reverse the trial court\u2019s partial dismissal order, issued pursuant to section 2 \u2014 619 of the Code of Civil Procedure (Code) (735 ILCS 5/2 \u2014 619 (West 2008)). \u201cA motion to dismiss, pursuant to section 2 \u2014 619 of the Code, admits the legal sufficiency of the plaintiffs\u2019 complaint, but asserts an affirmative defense or other matter that avoids or defeats the plaintiffs\u2019 claim.\u201d DeLuna v. Burciaga, 223 Ill. 2d 49, 59 (2006); Solaia Technology, LLC v. Specialty Publishing Co., 221 Ill. 2d 558, 579 (2006). For a section 2 \u2014 619 dismissal, our standard of review is de novo. Solaia Technology, 221 Ill. 2d at 579; Morr-Fitz, Inc. v. Blagojevich, 231 Ill. 2d 474, 488 (2008).\nWhen reviewing \u201ca motion to dismiss under section 2 \u2014 619, a court must accept as true all well-pleaded facts in plaintiffs\u2019 complaint and all inferences that can reasonably be drawn in plaintiffs\u2019 favor.\u201d Morr-Fitz, 231 Ill. 2d at 488. \u201cIn ruling on a motion to dismiss under section 2 \u2014 619, the trial court may consider pleadings, depositions, and affidavits.\u201d Raintree Homes, Inc. v. Village of Long Grove, 209 Ill. 2d 248, 262 (2004). Even if the trial court dismissed on an improper ground, a reviewing court may affirm the dismissal if the record supports a proper ground for dismissal. Raintree, 209 Ill. 2d at 261 (when reviewing a section 2 \u2014 619 dismissal, we can affirm \u201con any basis present in the record\u201d); In re Marriage of Gary, 384 Ill. App. 3d 979, 987 (2008) (\u201cwe may affirm on any basis supported by the record, regardless of whether the trial court based its decision on the proper ground\u201d).\n2. Timeliness of Section 2 \u2014 619 Motion\n\u201cFor a motion to be properly brought under section 2 \u2014 619, the motion (1) must be filed \u2018within the time for pleading,\u2019 and (2) must concern one of nine listed grounds.\u201d River Plaza Homeowner\u2019s Ass\u2019n v. Healey, 389 Ill. App. 3d 268, 275 (2009), quoting 735 ILCS 5/2\u2014 619(a) (West 2006). In the case at bar, the third amended complaint was filed on March 5, 2009. On March 12, 2009, the circuit court issued a written order directing defendant City to \u201canswer or otherwise plead to Plaintiffs\u2019 Third Amended Complaint on or before April 9, 2009.\u201d Following this order, defendant City moved to dismiss on April 9, 2009. Thus defendant City\u2019s section 2 \u2014 619 motion was timely.\n3. Subject Matter of Section 2 \u2014 619 Motion\n4 The second requirement for a section 2 \u2014 619 motion is that it must concern one of the nine grounds listed in section 2 \u2014 619. River Plaza, 389 Ill. App. 3d at 275. A section 2 \u2014 619 motion is permitted only on the following grounds:\n\u201c(1) That the court does not have jurisdiction of the subject matter of the action, provided the defect cannot be removed by a transfer of the case to a court having jurisdiction.\n(2) That the plaintiff does not have legal capacity to sue or that the defendant does not have legal capacity to be sued.\n(3) That there is another action pending between the same parties for the same cause.\n(4) That the cause of action is barred by a prior judgment.\n(5) That the action was not commenced within the time limited by law.\n(6) That the claim set forth in the plaintiffs pleading has been released, satisfied of record, or discharged in bankruptcy.\n(7) That the claim asserted is unenforceable under the provisions of the Statute of Frauds.\n(8) That the claim asserted against defendant is unenforceable because of his or her minority or other disability.\n(9) That the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim.\u201d 735 ILCS 5/2 \u2014 619(a) (West 2008).\nWe have previously held that a claim of mootness is properly considered under the last ground of section 2 \u2014 619, as an affirmative matter avoiding the legal effect of or defeating the claim. Barber v. American Airlines, Inc., 398 Ill. App. 3d 868, 879 (2010); Chicorp, Inc. v. Bower, 336 Ill. App. 3d 132, 136-37 (2002). See also Akinyemi v. JP Morgan Chase Bank, N.A., 391 Ill. App. 3d 334, 339 (2009) (\u201cregarding section 2 \u2014 619 of the Code, we hold that dismissal under this section was proper as well, since plaintiff\u2019s claim is moot\u201d); Sadler v. Creekmur, 354 Ill. App. 3d 1029, 1039-40 (2004). Thus, defendant City\u2019s motion satisfied the second requirement of a section 2 \u2014 619 motion, that the motion concerned one or more of the listed grounds. Having determined that, procedurally, this motion was properly brought under section 2 \u2014 619, we must next determine whether, substantively, it was properly granted.\n4. Substance of Section 2 \u2014 619 Dismissal\nAs noted in the Background section above, defendant City moved to dismiss on several grounds. It claimed: (1) that, since plaintiff ASI had already obtained default orders against the policyholder defendants, it lacked standing to pursue the policyholders\u2019 claims; (2) that the default orders rendered ASI\u2019s claims moot; (3) that plaintiff ASI\u2019s claims were also rendered moot because defendant City was no longer using the same administrative complaint that it used in connection with the policyholders at issue; and (4) that plaintiff may not pursue injunctive and declaratory relief to prevent defendant City from seeking administrative judgments against unidentified ASI policyholders in the future. The trial court stated only that the City\u2019s motion was \u201cgranted for the reasons indicated in the City\u2019s motion.\u201d Since we may affirm on any ground present in the record, we may reverse only if none of these grounds are supported by the record. Raintree, 209 Ill. 2d at 261 (when reviewing a section 2 \u2014 619 dismissal, we can affirm \u201con any basis present in the record\u201d); In re Marriage of Gary, 384 Ill. App. 3d at 987 (\u201cwe may affirm on any basis supported by the record, regardless of whether the trial court based its decision on the proper ground\u201d).\na. Standing\nFirst, defendant City claimed in its motion to dismiss that \u201cASI does not have standing to pursue its Insureds\u2019 claims because ASI\u2019s Insureds have been defaulted by\u201d the trial court. As previously discussed in footnote 4 above, although plaintiff ASI obtained default orders against its policyholders, no final declaratory judgment has been entered by the trial court in this case. Thus, plaintiff still has standing to pursue its policyholders\u2019 claims.\nA default order and a default judgment are two different things. If a defendant is served with process and fails to enter an appearance, file pleadings or make any other response to plaintiffs complaint, the plaintiff may move for entry of a default judgment pursuant to section 2 \u2014 1301 of the Code (735 ILCS 5/2 \u2014 1301 (West 2008)). Saichek v. Lupa, 204 Ill. 2d 127, 129 (2003). If the trial court grants the motion, then it will first enter an order of default in favor of plaintiff and against defendant. Saichek, 204 Ill. 2d at 129. The Code then requires that the defendant be notified of the default order. 735 ILCS 5/2\u2014 1302(a) (West 2008) (\u201cUpon the entry of an order of default, the attorney for the moving party shall immediately give notice thereof *** against whom the order was entered\u201d); Saichek, 204 Ill. 2d at 129. The trial court may set aside any default order, in its discretion, before entry of the final judgment. 735 ILCS 5/2 \u2014 1301(e) (West 2008).\nAfter a default order is entered, the trial court may hold a \u201c \u2018prove-up\u2019 hearing.\u201d Saichek, 204 Ill. 2d at 129-30. Although a default may be deemed an admission of the material facts stated in the complaint, a trial court also has the discretion to require a plaintiff to present proof of the factual allegations in its complaint. Universal Casualty Co. v. Lopez, 376 Ill. App. 3d 459, 465, 464 (2007) (although \u201ca default is regarded as an admission of the material facts stated in the complaint,\u201d a trial court also has \u201cdiscretion to require proof of the allegations in the complaint\u201d); 735 ILCS 5/2 \u2014 1301(d) (West 2008) (\u201cJudgment by default may be entered for want of an appearance or for failure to plead, but the court may in either case, require proof of the allegations of the pleadings upon which relief is sought\u201d). If the plaintiff fails to meet its burden of proof at a prove-up, the trial court may refuse to enter a default judgment. Universal Casualty, 376 Ill. App. 3d at 464 (\u201cWhere an insurer is not prepared to meet its burden of proof ***, a court may properly refuse to enter a default judgment in the insurer\u2019s favor\u201d). In addition, a default is not deemed an admission of the legal \u201cconclusions in the complaint.\u201d (Emphasis in original.) Universal Casualty, 376 Ill. App. 3d at 466 (\u201cA default does not admit the conclusions in the complaint\u201d (emphasis in original)). Thus, even after the entry of a default order, a plaintiff might not be able to secure a favorable final judgment, if (1) the trial court requires proof of the factual allegations and the plaintiff fails to satisfy its burden, or (2) the trial court finds that the legal conclusions in the complaint are not valid, or (3) the trial court exercises its discretion to set aside a default order, as it may do anytime before entry of the final judgment. 735 ILCS 5/2 \u2014 1301(e) (West 2008).\nSince a default order is no guarantee of ultimate success, a plaintiff must be permitted to pursue alternate theories of recovery, until a final judgment is secured. Cf. Saichek, 204 Ill. 2d at 131-32 (after plaintiff received a final judgment, she could not pursue an alternate theory of recovery for the same injury). Since the issues between the insurance company and its policyholders are still unresolved, the insurance company has no less standing after the default orders than it did before.\nIn addition, it is unpersuasive for the City to argue that the insurance carrier lacks standing, when a default judgment would not necessarily terminate the City\u2019s rights against the insurance company. Insurance Co. of North America (ICNA) v. Cape Industries, Ltd., 138 Ill. App. 3d 720, 725 (1985) (\u201cthe default against the insured and the termination of his rights did not terminate the rights of the injured party\u201d against the insurance company). Under Illinois public policy, an insurance policy is not necessarily a private matter between an insurer and its insured, and the rights of an injured party, such as the City, against a liability insurer, such as ASI, vest at the moment of the accident giving rise to the underlying claim against the insured, such as Carrillo and Vargas. State Farm Fire & Casualty Co. v. Perez, 387 Ill. App. 3d 549, 552 (2008); Record-A-Hit, Inc. v. National Fire Insurance Co. of Hartford, 377 Ill. App. 3d 642, 645 (2007); Reagor v. Travelers Insurance Co., 92 Ill. App. 3d 99, 102-03 (1980). Illinois courts have held that a liability insurance carrier, such as ASI, cannot cut off the rights of an injured third party, such as the City, merely by obtaining a default judgment against the insured. ICNA, 138 Ill. App. 3d at 725 (\u201ca liability insurance carrier cannot cut off the rights of a third [party] who has filed suit against the insured merely by obtaining a judgment against the insured declaring that a policy defense is operative\u201d). Conversely, it must then be the case that the insurance company also has standing to litigate issues with an injured third party who has sued its insured. Cf. ICNA, 138 Ill. App. 3d at 725 (an injured \u201cparty having brought suit against an alleged tortfeasor had standing to seek a declaration as to the validity of the alleged tortfeasor\u2019s liability insurance policy\u201d).\nThe City is well aware of its ability to pursue an insurance company, since on July 29, 2008, the City filed a citation to discover assets against plaintiff Medmarc as a result of a judgment that the City obtained against Lamontagne in its administrative tribunal. Although the City nonsuited its administrative complaint against one of the ASI policyholders (Carrillo), it still has an outstanding default judgement against the other ASI policyholder (Vargas), which it may similarly try to pursue against ASI.\nFor the foregoing reasons, we find that the default orders did not strip the insurance company of its standing to pursue its claims against defendant City.\nb. Mootness Due to Default Orders\nSecond, defendant City claimed in its motion to dismiss that the default orders rendered AST\u2019s claims moot.\nAs a general rule, Illinois appellate courts will not review moot cases. In re Barbara H., 183 Ill. 2d 482, 491 (1998). A case on appeal becomes moot, when \u201c \u2018the issues involved in the trial court no longer exist,\u2019 \u201d and it is \u201cimpossible for the appellate court to grant the complaining party effectual relief.\u201d In re A Minor, 127 Ill. 2d 247, 255 (1989), quoting and citing LaSalle National Bank v. City of Chicago, 3 Ill. 2d 375, 378-79, 380 (1954); In re Barbara H., 183 Ill. 2d 482, 490-91 (1998) (consideration of the issues will not affect the result and \u201ca decision on the merits cannot result in appropriate relief to the prevailing party\u201d). The goal of the rule is for courts to avoid hearing cases where the parties no longer have \u201c \u2018 \u201ca personal stake in the outcome.\u201d \u2019 \u201d In re A Minor, 127 Ill. 2d at 255, quoting People ex rel. Black v. Dukes, 96 Ill. 2d 273, 276-77 (1983), quoting Baker v. Carr, 369 U.S. 186, 204, 7 L. Ed. 2d 663, 678, 82 S. Ct. 691, 703 (1962). Without a personal stake, parties lack the incentive to \u201c \u2018 \u201csharpen[ ]\u201d \u2019 \u201d their arguments or to illustrate the issues with the \u201c \u2018 \u201cconcrete\u201d \u2019 \u201d facts of their problems; and reviewing courts depend on the parties\u2019 sharp and concrete presentation for the fullest \u201c \u2018 \u201cillumination\u201d \u2019 \u201d of the issues. In re A Minor, 127 Ill. 2d at 255, quoting Black, 96 Ill. 2d at 276-77, quoting Baker, 369 U.S. at 204, 7 L. Ed. 2d at 678, 82 S. Ct. at 703. In short, \u201c[m]ootness occurs once the plaintiff has secured what he basically sought.\u201d Hanna v. City of Chicago, 382 Ill. App. 3d 672, 677 (2008).\nFor the reasons discussed above in the section on standing, we find that the issues between ASI and the City of Chicago are not moot.\nIn addition, plaintiff ASI has claimed that the following two exceptions to the mootness doctrine apply: (1) the \u201c \u2018 \u201ccapable of repetition yet evading review\u201d \u2019 \u201d exception; and (2) the public interest exception. In re A Minor, 127 Ill. 2d at 257-58, quoting Madison Park Bank v. Zagel, 91 Ill. 2d 231, 236 (1982), quoting Sonsa v. Iowa, 419 U.S. 393, 399-400, 42 L. Ed. 2d 532, 540, 95 S. Ct. 553, 557 (1975).\nTo receive the benefit of the \u201c \u2018capable of repetition yet evading review\u2019 \u201d exception, the complainant must \u201cdemonstrate that: (1) the challenged action is in its duration too short to be fully litigated prior to its cessation and (2) there is a reasonable expectation that the same complaining party would be subjected to the same action again.\u201d In re Barbara H., 183 Ill. 2d at 491, quoting and citing In re A Minor, 127 Ill. 2d at 258. Since we find below that the public interest exception applies, we need not consider the \u201ccapable of repetition yet evading review\u201d exception.\n\u201c \u2018In order to fall into the public interest exception (1) the question must be of a public nature; (2) an authoritative determination of the question must be desirable for the purpose of guiding public officers; and (3) the question must be likely to recur.\u2019 \u201d Filliung v. Adams, 387 Ill. App. 3d 40, 56 (2008), quoting Brown v. Duncan, 361 Ill. App. 3d 125, 134 (2005). \u201cA clear showing of each factor is necessary to bring a case within this exception, and the exception is invoked only on rare occasions.\u201d Hanna, 382 Ill. App. 3d at 683.\nThis is one of the rare occasions. First, the question in this case is whether a municipal corporation such as the City can pursue damages for motor vehicle accidents in an administrative proceeding, and that is a public question. Second, a decision by the court will guide public officers, namely the administrative judges and other city employees who are processing these complaints. Third, the question is likely to recur. The question is likely to recur, despite the fact that the City has revised its administrative complaint, as we discuss in the next section. Thus, we find both that the default orders did not render the claims between ASI and the City moot, and that even if we were to find the issues moot, we would then find that the public interest exception applies.\nc. Mootness Due to New Administrative Complaint\nThird, defendant City claimed in its motion to dismiss that plaintiff ASI\u2019s claims were also rendered moot by the fact that defendant City was no longer using the same administrative complaint that it had filed against the policyholders at issue here.\nThe change was merely cosmetic. Both the old and new complaints state that the City seeks judgments \u201cfor costs incurred by Petitioner reasonably related to Respondent\u2019s violation of State law and the Municipal Code of Chicago.\u201d (Emphasis added.) The old complaint in prefatory paragraphs also noted that the respondent had violated specific sections of the state\u2019s motor vehicle code. The new complaint eliminated the prefatory paragraphs. However, both complaints seek administrative resolutions for damages caused by motor vehicles to City property and other fees and costs. Thus, they are essentially the same.\nThus, we find that ASI\u2019s claims against the City were not rendered moot by either the default orders or by the City\u2019s changes to the administrative complaint.\nd. Injunctive Relief\nFourth, the City claimed in its motion to dismiss that, without the existence of a live case or controversy, plaintiff ASI could not pursue injunctive and declaratory relief simply \u201cto prevent defendant City from seeking administrative judgments against unidentified ASI insureds in the future.\u201d Since we have already held in the sections above that there is a live case and controversy, this claim must also fall.\nThus, we find that none of the grounds listed in defendant\u2019s motion to dismiss had merit, and the trial court\u2019s order, which simply adopted these grounds, must be reversed.\nThe underlying statutory and constitutional issues are not before us on this interlocutory appeal. Obviously, the City did not challenge its own statutory or constitutional authority in its own motion to dismiss. Since the trial court simply adopted the grounds stated in the City\u2019s motion, the statutory and constitutional issues were not part of the dismissal order, which is the subject of this interlocutory appeal. The only issues in the dismissal order were mootness and standing, which we have already decided.\nThe Illinois Municipal Code states that: \u201cAny municipality may provide by ordinance for a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois Constitution.\u201d 65 ILCS 5/1 \u2014 2.1\u20142 (West 2008). This same section specifically excludes motor vehicle offenses. The very next sentence states: \u201cA \u2018system of administrative adjudication\u2019 means the adjudication of any violation of a municipal ordinance, except for *** any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles.\u201d 65 ILCS 5/1\u2014 2.1 \u2014 2 (West 2008). However, this issue was not the basis of the City\u2019s dismissal motion or the resulting dismissal order, and thus is not an issue on this interlocutory appeal. In remanding for further proceedings, we follow the precedent set by this division in State Farm Mutual Automobile Insurance Co. v. City of Chicago, 398 Ill. App. 3d 832, 836 (2010). In State Farm, after finding that the insurance company\u2019s action against the City of Chicago did allege an actual controversy, this division reversed the trial court\u2019s dismissal order and remanded to the trial court for further proceedings consistent with its opinion. State Farm, 398 Ill. App. 3d at 836.\nCONCLUSION\nFor the foregoing reasons, we reverse the trial court\u2019s partial dismissal order which dismissed plaintiff ASI\u2019s two counts against defendant City, and we remand for further proceedings consistent with this opinion.\nReversed and remanded.\nCAHILL and McBRIDE, JJ., concur.\nASI named Jan Kisielewski as a defendant in its original complaint and in its first amended complaint, but not in its subsequent complaints. On August 15, 2007, the circuit court issued a written order which stated that \u201cJan Kisielewski is nonsuited as a party defendant by Plaintiff [ASI] without costs.\u201d\nASI moved to amend its complaint on May 2, 2007, because it claimed that two new claims had come to its attention. Those claims involved Sylvia Vargas and Stanislaw Brzeszcz, who were then added as defendants in ASI\u2019s first amended complaint. On April 9, 2007, defendant City nonsuited its administrative action against Brzeszcz. On July 5, 2007, ASI moved to default Brzeszcz, and that motion was granted by the circuit court in a written order dated July 19, 2007. ASI subsequently dropped Brzeszcz as a defendant from its third amended complaint filed on March 5, 2009.\nIn support of this statement in its appellate brief, the City cites its own summary judgment motion, dated March 17, 2008. The City does not state in either its summary judgment motion or in its appellate brief whether Carrillo\u2019s motion to vacate, filed with DOAH, was granted or denied.\nIn its appellate brief, defendant City claims that plaintiff ASI \u201csought and obtained default judgments\u201d against the ASI policyholders. However, the orders that ASI sought and obtained were merely default orders, not final judgments. ASI\u2019s motion with respect to Carrillo stated that it \u201cmoved this Honorable Court to Enter an Order of Default against\u201d Carrillo. ASI\u2019s motion with respect to Vargas said the same thing. Nowhere in its motions did ASI use the word \u201cjudgment.\u201d Similarly, the trial court\u2019s orders also never used the word \u201cjudgment.\u201d The trial court\u2019s order with respect to Carrillo stated simply that \u201cDefendant David Carrillo is hereby defaulted\u201d; and its order with respect to Vargas stated that \u201cDefendant Sylvia Vargas is hereby found to be in default.\u201d Thus, they were default orders, not entries of a final judgment. That these were not final judgments becomes more clear when one considers that the trial court subsequently stayed ASI\u2019s count against policyholder Carrillo for late notice. If the trial court had previously entered a final judgment against Carrillo, there would have been no need to stay this count pending the outcome of this appeal.", "type": "majority", "author": "JUSTICE ROBERT E. GORDON" } ], "attorneys": [ "Newman Raiz, LLC, of Chicago (James P. Newman and William H. Ransom, of counsel), for appellant.", "Mara S. Georges, Corporation Counsel, of Chicago (Benna Ruth Solomon, Myriam Zreczny Kasper, and Jennifer Erickson Baak, Assistant Corporation Counsel, of counsel), for appellee." ], "corrections": "", "head_matter": "AMERICAN SERVICE INSURANCE COMPANY, Plaintiff-Appellant, v. THE CITY OF CHICAGO, Defendant-Appellee (Medmarc Casualty Insurance Company, Plaintiff; David Carrillo et al., Defendants).\nFirst District (6th Division)\nNo. 1\u201409\u20141693\nOpinion filed September 17, 2010.\nNewman Raiz, LLC, of Chicago (James P. Newman and William H. Ransom, of counsel), for appellant.\nMara S. Georges, Corporation Counsel, of Chicago (Benna Ruth Solomon, Myriam Zreczny Kasper, and Jennifer Erickson Baak, Assistant Corporation Counsel, of counsel), for appellee." }, "file_name": "0769-01", "first_page_order": 785, "last_page_order": 799 }