West State Street Check Cashing v. United Equitable Group, Ltd.

── West State Street Check Cashing v. United Equitable Group, Ltd. ── Court: Appellate Court of Illinois Date: May 14, 2026 Category: General 2026 IL App (1st) 250348-U Fourth Division Filed May 14, 2026 No. 1-25-0348 NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT WEST STATE STREET CHECK CASHING, ) an Illinois limited liability company, ) ) Appeal from the Plaintiff-Appellee, ) Circuit Court of Cook County v. ) No. 24 M1 112693 ) UNITED EQUITABLE GROUP, LTD., an ) The Honorable Stephen Swedlow, Illinois corporation, d/b/a United Equitable ) Judge, presiding. Insurance Company, ) Defendant- Appellant. ) JUSTICE OCASIO delivered the judgment of the court. Presiding Justice Navarro and Justice Quish concurred in the judgment. ORDER ¶1 Held: We affirm the circuit court’s order granting summary judgment in favor of the plaintiff as the defendant’s obligation to pay was not discharged. However, the plaintiff was not entitled to treble damages, attorney fees, or costs. ¶2 Defendant, United Equitable Group, Ltd. (United Equitable), appeals the circuit court’s grant of summary judgment in favor of plaintiff, West State Street Check Cashing (West State). For the reasons stated, we affirm in part and vacate in part. ¶3 I. BACKGROUND ¶4 On August 8, 2023, United Equitable, an insurance company, issued a check for $420 to Ledoshia Oliver, its insured, following her claim for damages to her car. Oliver claimed that she  No. 1-25-0348 hit a deer on May 23, 2023. After United Equitable examined the damage to Oliver’s car, it determined that the damage was not consistent with Oliver’s claim. United Equitable voided the previously issued check on August 11, 2023, and it sent a letter to Oliver that it denied her claim on August 21, 2023. ¶5 On August 28, 2023, Oliver cashed the check at West State. The check was dishonored by United Equitable’s bank by reason of “refer to maker [sic].” West State was charged a $25 returned check fee by its bank. On September 6, 2023, West State sent United Equitable a demand for payment on the check plus the returned check fee. United Equitable did not pay the amount demanded. ¶6 West State filed a complaint against United Equitable on May 9, 2024. West State alleged it was the holder in due course and was entitled to enforce the check against United Equitable. West State sought $445 in damages, $1260 in treble damages, and $350 in attorney fees, a total of $2055. ¶7 On August 2, 2024, United Equitable filed a motion for summary judgment. It asserted that West State was not the holder in due course, and alternatively, even if West State was the holder in due course, United Equitable’s claim of fraud defeated West State’s claim. ¶8 On November 16, 2024, West Sta