Weber v. St. Paul Fire &Marine Insurance Co

In Weber v. St. Paul Fire &Marine Insurance Co., 251 Ill. App. 3d 371, 372-73, 622 N.E.2d 66, 67, 190 Ill. Dec. 656 (1993) the defendant insurer argued that the executor did not have standing to bring a declaratory judgment action for a duty to indemnify because there was not yet a finding of liability and a judgment in the underlying action. The Weber court found that the issue was one of ripeness rather than standing, that the declaratory judgment action to determine the insurer's duty to indemnify was premature prior to a determination of the insured's liability, and that the trial court erred in not granting the insurer's motion to dismiss the indemnity-based claim as premature. Weber, 251 Ill. App. 3d at 374, 622 N.E.2d at 69.