American Family Mutual Insurance v. Page

852 N.E.2d 874, 366 Ill. App. 3d 1112, 304 Ill. Dec. 418, 2006 Ill. App. LEXIS 594
CourtAppellate Court of Illinois
DecidedJuly 11, 2006
Docket2-05-0770, 2-05-0799 cons.
StatusPublished
Cited by16 cases

This text of 852 N.E.2d 874 (American Family Mutual Insurance v. Page) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Family Mutual Insurance v. Page, 852 N.E.2d 874, 366 Ill. App. 3d 1112, 304 Ill. Dec. 418, 2006 Ill. App. LEXIS 594 (Ill. Ct. App. 2006).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Defendants Mylynda Page, Robert Chicoine, Marguerite Chicoine, and Nicole Chicoine timely appeal the ruling of the circuit court of Du Page County granting summary judgment to plaintiff, American Family Mutual Insurance Company (American Family), and to defendant American Insurance Company (AIC) on plaintiffs complaint seeking a declaration that an injury occurring on the Chicoines’ property was not covered by an American Family homeowners’ insurance policy. Page and the Chicoines argue that the trial court erred in (1) ruling that the land on which the injury took place was not “vacant land” under the terms of the Chicoines’ homeowners’ insurance policies with American Family and AIC; and (2) ruling that the land was used as “farm land” under the terms of the policies. For the reasons that follow, we affirm.

The parties do not dispute the relevant facts. The Chicoines own three parcels of real estate relevant to this appeal: their primary residence in St.- Charles, Illinois; a second home, located in Galena, Illinois; and a 97-acre property in Hanover Township, Illinois. The Chicoines obtained a homeowners’ insurance policy for the St. Charles property and for the Galena property from American Family and AIC, respectively. Neither of the two policies explicitly refers to the Hanover property. However, the policies have similar provisions that extend coverage to “vacant land” owned by the Chicoines. The American Family policy defines the property insured as follows, in relevant part:

“For Personal Liability and Medical Expense Coverages, insured premises also include:
$ ^ ^
(3) vacant land (other than farm land) owned by or rented to an insured. This includes land on which a one or two family dwelling is being built for the personal use of an insured.”
Likewise, the AIC policy states as follows, in relevant part:
“ ‘Insured location’ means:
e. Vacant land, other than farm land, owned by or rented to an ‘insured.’ ”

On July 20, 2002, while both of the above insurance policies were in effect, Page was injured while riding in an all-terrain vehicle driven by Nicole Chicoine on the Hanover property. Page later contacted American Family and AIC to make claims for her injury. On December 10, 2003, American Family filed a complaint for a declaration that its policy with the Chicoines did not cover the injury at the Hanover property. AIC filed a counterclaim against Page and the Chicoines for a declaration that its policy with the Chicoines did not cover the Hanover property injury.

American Family filed a motion for summary judgment, AIC joined and adopted the motion, and the Chicoines filed a countermotion for summary judgment. American Family attached to its motion for summary judgment a deposition from Robert Chicoine. In the deposition, Robert stated that he purchased the Hanover property in 1998 or 1999. The property was zoned as farmland, and the property tax assessment for the property indicated that the land was assessed as farmland. When Robert purchased the property, there were two structures located on it: “[a]n old lean-to building and an old decrepitated [sic] barn.” After he purchased the property, Robert had the barn torn down and had a “metal pole barn” built. The new barn measured “60 by 45” and was a permanent structure. Robert later had a concrete floor poured for the structure, which cost approximately $18,000 to complete. He used the barn to house “ATV’s, a car, and a *** tractor/mower.” The Chicoines visited the property 8 to 10 times per year, either to walk the property or to ride in the all-terrain vehicles. Robert had never spent a night at the Hanover property.

Sometime before July 2002, Robert learned from a neighbor that wild alfalfa was growing on his land, and he agreed to allow the neighbor to cut and take the alfalfa. The alfalfa grew naturally, and Robert never made any effort to grow or harvest it himself. He received no income from the neighbor in exchange for allowing him to harvest the alfalfa. Though he had never worked on a farm or as a farmer, Robert’s federal tax returns from 2000 to 2002 included farm profit and loss forms that indicated that he materially participated in business on the property, and he claimed tax deductions for “farm loss” in the amount of his mortgage payments. The returns also indicated income from payments the government made to him on the condition that he refrain from growing certain crops.

On July 20, 2005, the trial court granted summary judgment in favor of the insurers. The trial court concluded that the Hanover property was not “vacant land” under the policies and, even if it was, it was “farm land” and thus excluded from coverage. Page and the Chicoines appealed, and we consolidated their appeals.

Page and the Chicoines first argue that the trial court erred in granting summary judgment on the basis that the Hanover property did not constitute “vacant land” under the insurance policies and was thus excluded from coverage. Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, when taken together in the light most favorable to the nonmovant, show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. State Farm Insurance Co. v. American Service Insurance Co., 332 Ill. App. 3d 31, 36 (2002). The function of a reviewing court on appeal from a grant of summary judgment is limited to determining whether the trial court correctly concluded that no genuine issue of material fact was raised and, if none was raised, whether judgment as a matter of law was correctly entered. American Service Insurance Co., 332 Ill. App. 3d at 36. When construing an insurance contract, the court’s primary objective is to give effect to the intent of the parties at the time of contracting. Crum & Forster Managers Corp. v. Resolution Trust Corp., 156 Ill. 2d 384, 391 (1993). To ascertain the intent of the parties and the meaning of their insurance policy, the court construes the contract as a whole, with due regard to the risk undertaken, the subject matter that is insured, and the purposes of the entire contract. Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90, 108 (1992). If the words used in the policy are unambiguous, they must be given their plain, ordinary, and popular meaning. Outboard Marine, 154 Ill. 2d at 108. The interpretation of an insurance contract and the entry of summary judgment are questions of law that are reviewed de novo, without any deference to the trial court’s ruling. Crum & Forster Managers Corp., 156 Ill. 2d at 390-91.

The relevant insurance policy language here extends coverage to “vacant” land owned by the Chicoines. The term “vacant” is not defined in the insurance policies. Therefore, we must determine whether the meaning of “vacant” includes the Hanover property. As noted, where terms of an insurance contract are unambiguous, we must accord them their plain, ordinary, and popular meaning.

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Cite This Page — Counsel Stack

Bluebook (online)
852 N.E.2d 874, 366 Ill. App. 3d 1112, 304 Ill. Dec. 418, 2006 Ill. App. LEXIS 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-family-mutual-insurance-v-page-illappct-2006.