Interim Health Care of Northern Illinois, Inc. v. Interim Health Care, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying Illinois law and reversing summary judgment where defendant’s good or bad faith was genuinely disputed issue
• applying the covenant of good faith and fair dealing where the contract provided one party the right to “withhold some account leads, but the contract is vague about which leads it may withhold, and what justifies withholding”
• defendants’ acts did not violate duty of good faith because “terms of contract permitted [ ]activity”
• contract language is ambiguous if it is “reasonably or fairly susceptible of more than one construction”
• “Ambiguity can be found only if the contract language is ‘reasonably or fairly susceptible of more than one construction.’” (quoting A.A. Conte, Inc. v. Campbell- Lowrie-Lautermilch Corp., 477 N.E.2d 30, 33 (Ill. App. Ct. 1985))
• “When one party to a contract is vested with contractual discretion, it must exercise that discretion reasonably and with proper motive, and may not do so arbitrarily, capriciously or in a manner inconsistent with the reasonable expectations of the parties.”

Source: CourtListener parenthetical corpus (CC0).