West v. American Standard Insurance Company
952 N.E.2d 1274
Ill. App. Ct.2011Background
- West sued after a November 13, 1996 collision in which Preston Moore, driving Linda Moore's Chevy S-10 truck, injured West and Linda Holland.
- Linda Moore was insured under two policies: policy 1 on the Chevy S-10 truck and policy 2 on Linda Moore's Chevy Impala car, each with $100,000 per person/$300,000 per accident limits.
- Before trial, defendant settled with West for $100,000 on Linda's truck policy and with Holland for $100,000.
- A jury awarded West $275,733 for damages in 2001.
- In 2008 West sought further recovery; the circuit court granted summary judgment for defendant under 735 ILCS 5/2-1005, and West appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Two or more cars insured provision applicability | West contends both policies may apply | Policy attaches to specific car; only truck policy applicable | Provision excludes cross-policy recovery; only policy 1 applies |
| Waiver of exclusion No. 9 | Defendant waived exclusion No. 9 by not reserving it in letters | No waiver; reservation of rights not required to preserve exclusion | No waiver of exclusion No. 9 established |
| Car policy applicability where truck was involved | Car policy expands coverage to injuries via use of private/passenger cars | Car policy does not cover the truck; only its own insured vehicle insured by policy 1 | Car policy not applicable; incident involved truck insured by policy 1 |
Key Cases Cited
- Kopier v. Harlow, 291 Ill. App. 3d 139 (1997) (two or more cars insured provision limits recovery to vehicle involved; policy attaches to specific car)
- Hobbs v. Hartford Insurance Co. of the Midwest, 214 Ill. 2d 11 (2005) (policy interpretation focused on expressing the parties’ intent)
- Central Illinois Light Co. v. Home Insurance Co., 213 Ill. 2d 141 (2004) (policy language considered as a whole to effectuate intent)
- Vanek v. Illinois Farmers Insurance Co., 268 Ill. App. 3d 731 (1994) (insurance policy interpretation de novo; attachs to vehicle)
- Smith v. Armor Plus Co., 248 Ill. App. 3d 831 (1993) (summary judgment standard for insurance contract disputes)