Kirsner v. Johnson Johnson Prod., Inc.

1 Citing case

  1. Kessler v. Continental Casualty Co.

    477 N.E.2d 1287 (Ill. App. Ct. 1985)   Cited 9 times
    In Kessler, the court reviewed a trial court's issuance of a mandatory preliminary injunction requiring the insurer to provide malpractice insurance coverage pending a professional review board hearing provided for in the policy.

    We find, however, that these averments of irreparable harm are not sufficient in either kind or degree to compel an insurance company to continue providing coverage where it has the authority to discontinue coverage and so chooses to discontinue coverage. • 3 The issuance of a preliminary injunction is a matter solely within the discretion of the trial court, and its determination will not be disturbed on appeal absent an abuse of discretion. ( Kirsner v. Johnson Johnson Products, Inc. (1983), 118 Ill. App.3d 564, 565, 455 N.E.2d 292.) When considering the propriety of a preliminary injunction, the trial court does not decide contested issues of fact. ( Rotary Club v. Harry F. Shea Co. (1983), 120 Ill. App.3d 988, 995, 458 N.E.2d 1002.