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2024 Supreme(US)(ca7) 314

COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Maria Jimenez – Appellant
Versus
Travelers Commercial Insurance Company – Respondent



United States Court of Appeals For the Seventh Circuit ____________________ No. 23-1299 MARIA JIMENEZ and JOSE JIMENEZ, Plaintiffs-Appellants, v. STEPHEN KIEFER, Defendant,

and TRAVELERS COMMERCIAL INSURANCE COMPANY, Appellee. ____________________

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:22-cv-02924 — Elaine E. Bucklo, Judge. ____________________

ARGUED NOVEMBER 30, 2023 — DECIDED MAY 7, 2024 ____________________

Before HAMILTON, KIRSCH, and PRYOR, Circuit Judges. KIRSCH, Circuit Judge. Stephen Kiefer was in an auto acci- dent with a bus in which Maria Jimenez was riding. Not long after, Mrs. Jimenez, through counsel, requested $100,000 from Kiefer’s auto insurer, Travelers Commercial Insurance 2 No. 23-1299 Company, to settle her claim against Kiefer. Travelers refused the offer. Mrs. Jimenez and her husband, Jose Jimenez, then sued Kiefer in Illinois court. Travelers offered $100,000 to set- tle the claims, but the Jimenezes rejected it. They then entered into an agreement with Kiefer under which he stipulated to a judgment against himself and assigned his rights and claims against Travelers to the Jimenezes. In exchange, they cove- nanted not to execute the judgment against Kiefer personally. After the judgment against Kiefer was entered, the Jimenezes initiated a citation proceeding under 735 ILCS 5/2- 1402 in Illinois court against Travelers, seeking to discover whether it held any of Kiefer’s assets. Travelers removed the action to federal court and, after the court denied the Jimenezes’ motion to remand, filed for summary judgment. The district court granted summary judgment for Travelers, finding that Kiefer and the Jimenezes (as his assignees) were entitled to nothing under the insurance policy and had no claim for breach of any duties Travelers owed Kiefer. We have little to add to the district court’s well written orders, agree with the conclusions set out therein, and affirm. I Stephen Kiefer rolled through a stop sign and collided with a bus on which Maria Jimenez was a passenger. Mrs. Jimenez’s counsel notified Kiefer’s auto insurer—Travelers— that she was represented by an attorney and, in response, Travelers sought certain information to research Mrs. Jimenez’s claim, including her medical records and bills. Mrs. Jimenez’s counsel disclosed that she had incurred over $15,000 in medical bills, and Travelers responded by reveal- ing the $100,000 limit on Kiefer’s policy. No. 23-1299 3

Mrs. Jimenez’s counsel made a time-sensitive demand on Travelers for the policy limit of $100,000 to settle her claim against Kiefer. Expressing concern that her injuries were not caused by the accident, Travelers requested more medical rec- ords to evaluate her claim. But Mrs. Jimenez’s counsel refused to provide the information. Because her counsel failed to pro- vide additional records, Travelers did not convey a settlement offer, and Mrs. Jimenez’s demand expired. Mrs. Jimenez and her husband, Jose Jimenez, then sued Kiefer in Illinois court seeking damages for Mrs. Jimenez’s in- juries and for Mr. Jimenez’s loss of consortium. Travelers ap- pointed attorneys to defend Kiefer in the suit, but after receiv- ing notice that Mrs. Jimenez underwent shoulder surgery, Travelers authorized Kiefer’s counsel to offer the $100,000 policy limit to settle the claim. The Jimenezes rejected the of- fer. Their counsel then sent a proposed resolution of the

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