Application of Rule 298 to Sue or Defend as Indigent Person
In Kubly v. State Farm Mutual Automobile Ins. Co., Kelly L. Kubly filed a complaint for declaratory judgment against State Farm Mutual Automobile Insurance Company (“State Farm”) and Cain and Company, Inc.(“Cain”), which alleged that she was a passenger in a vehicle owed by Cain and insured by State Farm when an underinsured motorist struck the vehicle. Kubly also filed a Rule 298 application to sue as an indigent person seeking leave to sue without having to pay fees associated with filing her complaint.
The court reviewed the denial of Kubly’s Rule 298 application. Illinois Supreme Court Rule 298 provides, if an application to sue or defend as an indigent person is allowed, the trial court shall enter an order permitting the applicant to sue or defend without payment of fees, costs, or charges.
In this case, Kubly’s Rule 298 application stated that she “had no assets.” However, her complaint filed with her application stated that she had received $20,000 from the at-fault-driver’s insurance company. Kubly never explained why she could not pay the filing fee out of her settlement funds.
The court held that Kubly had until March 23, 2012, to pay the filing fee to avoid having her complaint dismissed. She failed to do so. Accordingly, the trial court did not err in dismissing the complaint.
Kubly v. State Farm Mutual Automobile Ins. Co. 2013 WL 4502749 (Ill.App. 4 Dist.). (This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(3)(1)).
