The envelope has a date stamp, from Clark's postage meter, of January 6, 1997. Also attached to the motion was an affidavit from Clark stating he told Page to send him a short note addressed to Enterprise with the summons and complaint, and he would forward it to Enterprise. Clark stated he received these materials from Page and forwarded them. Attached to the motion for summary judgment were notices of attorney liens sent by Clark on behalf of Huff and Lufkin to Enterprise on April 14, 1996. The trial court granted Enterprise's motion for summary judgment, ruling notice of the suit against Page was required by the policy and it was not given.
Summary judgment is appropriate when no genuine issue of material fact exists.
This court reviews an order granting summary judgment de novo. 289 Ill. App. The trial court conducted an evidentiary hearing before granting Enterprise's motion for summary judgment. We also note that no jury demand was filed by either party and neither party suggests additional evidence can be presented as a question of fact for determination by the trial court. The Code requires all owners of for-rent motor vehicles to give proof of financial responsibility.