Details for Womick Law Firm - Ad from 2020-10-14

JUDICIAL PHILOSOPHY AND THE ILLINOIS SUPREME COURT
Justice Judy Cates is the Democrat candidate for the Fifth District seat on the Supreme Court.
Justice David Overstreet is the Republican candidate for the seat. Currently they both serve on the
Fifth District Appellate Court and hear and decide cases together.
One such case was State Farm Insurance v. Elmore. The case involved an injury to Mr. Elmore’s son,
Kent, which occurred while he was unloading a grain truck. Kent’s foot got caught in a turning auger
blade.
The grain truck was owned by Kent’s dad and was insured by State Farm. Kent made a claim and
State Farm filed a suit seeking a declaration that the claim was not covered under the policy.
The Trial Court ruled in favor of State Farm.
Justices Cates and Overstreet were on the panel of the Appellate Court that heard the appeal.
Justice Cates wrote the opinion for the majority, finding that State Farm’s policy exclusions were
ambiguous and could not be enforced against Kent. She wrote that the exclusion could not permit
the average policy holder to discern which devices would trigger the exclusion.
Justice Overstreet dissented writing that the majority’s conclusion restricts the parties
freedom to make their own contracts. He would have ruled for State Farm.
Justice Cates was concerned about the “average policy holder.”
Justice Overstreet was concerned about the freedom of State Farm to contract.
The position of the Judges reflects their philosophy.
The voter can see those philosophies clearly in the written opinion.
If a voter is concerned about State Farm’s freedom to contract, the voter might support Justice
Overstreet.
If a voter is concerned about the average policy holder, Justice Cates provides protection to them
and voters might support Justice Cates.
I am a Plaintiffs personal injury lawyer. I do not think State Farm needs protection. I think the average
policy holder does.
I agree with Judge Cates’ legal philosophy. That philosophy belongs on the Supreme Court.
VOTE FOR JUDY CATES FOR THE SUPREME COURT.
WOMICK LAW FIRM, CHTD.
JOHN WOMICK
“PAID FOR BY JOHN WOMICK OF WOMICK LAW FIRM”

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