GREENBERGER v. GEICO GENERAL INS. CO.

No. 09-1603.

631 F.3d 392 (2011)

Steven GREENBERGER, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. GEICO GENERAL INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 10, 2011.


Attorney(s) appearing for the Case

Michael S. Hilicki (argued), Walner Law Firm, Ltd., Chicago, IL, for Plaintiff-Appellant.

Sheila Carmody , Snell & Wilmer, Phoenix, AZ, Andrew M. Jacobs (argued), Snell & Wilmer, Tucson, AZ, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and KANNE and SYKES, Circuit Judges.


SYKES, Circuit Judge.

Steven Greenberger's car was damaged in an accident, and the next day his insurer, GEICO General Insurance Co., estimated the damage and wrote him a check to cover his claim. Greenberger accepted this payment but never repaired the car. Instead, he donated the car to charity and later sued GEICO in state court alleging breach of contract, consumer fraud in violation of 815 ILL. COMP. STAT. 505/1 et seq., and common-law fraud. The suit...

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