AMERICAN STANDARD INS. v. Allstate Ins.

569 N.E.2d 162, 210 Ill. App. 3d 443, 155 Ill. Dec. 162
CourtAppellate Court of Illinois
DecidedMarch 5, 1991
Docket1-89-1902
StatusPublished
Cited by4 cases

This text of 569 N.E.2d 162 (AMERICAN STANDARD INS. v. Allstate Ins.) 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 STANDARD INS. v. Allstate Ins., 569 N.E.2d 162, 210 Ill. App. 3d 443, 155 Ill. Dec. 162 (Ill. Ct. App. 1991).

Opinion

569 N.E.2d 162 (1991)
210 Ill. App.3d 443
155 Ill.Dec. 162

AMERICAN STANDARD INSURANCE COMPANY, Plaintiff-Appellant,
v.
ALLSTATE INSURANCE COMPANY, subrogee of the Estate of Joan K. Reidy, Deceased, Defendant-Appellee (Mark Runyan, Defendant).

No. 1-89-1902.

Appellate Court of Illinois, First District, Second Division.

March 5, 1991.
Rehearing Denied April 4, 1991.

*163 Purcell & Wardropel Chtd., Chicago (Robert L. Bartolone and Sandra Young, of counsel), for plaintiff-appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago (D. Kendall Griffith, Peter C. Morse and Joshua G. Vincent, of counsel), for defendant-appellee.

Justice DiVITO delivered the opinion of the court:

This declaratory judgment action arises out of a motorcycle accident in which Joan Reidy, a passenger on a motorcycle driven by Mark Runyan, suffered injuries which caused her death. Plaintiff American Standard Insurance Company (American Standard) filed a complaint for declaratory judgment against defendants Mark Runyan and Allstate Insurance Company (Allstate), subrogee of the estate of Joan Reidy. The complaint alleged that, pursuant to a passenger liability exclusion, American Standard's motorcycle policy issued to Mark Runyan's father did not provide liability coverage. The circuit court granted Allstate's motion for summary judgment and denied American Standard's cross-motion for summary judgment.

American Standard now appeals, contending that the circuit court erred in finding that a cover illustration and a provision allowing passengers under certain circumstances when the insured's vehicle was *164 used for hire were in conflict with an exclusion barring coverage for all motorcycle passengers.

On August 11, 1985, Mark Runyan was driving his father's motorcycle when he lost control and crashed. As a result, Joan Reidy, a passenger on the motorcycle, suffered injuries which caused her death.

American Standard had issued to Mark's father, Robert Runyan, a motorcycle liability policy, which was in effect on the date of the accident and covered the involved motorcycle. Under the policy's uninsured motorists provisions, an insured, defined as anyone using the insured motorcycle, could recover for bodily injuries caused by the owner or operator of an uninsured motor vehicle.

The cover of American Standard's policy contained an illustration of a motorcycle with two occupants, the driver and a passenger. The policy itself specifically excluded injury or damage "arising out of the use of a vehicle to carry persons or property for a charge." However, this "vehicle for hire" provision of the policy stated that "[t]his exclusion does not apply to shared-expense ride pools or the charitable carrying of persons." Notwithstanding this particular exclusion, the policy also provided that "[b]odily injury to any passenger while occupying any motorcycle" was excluded.

After the accident, Reidy's estate made a claim under the uninsured motorists provisions of American Standard's policy. Pursuant to the uninsured motorists provisions of its policy, American Standard paid Reidy's estate the policy's maximum limit, $15,000. Reidy's estate subsequently executed a release and trust agreement which released American Standard from all claims arising out of the accident.

At the time of the accident, Reidy was insured under an automobile liability policy issued to her mother by Allstate. Pursuant to the terms of its excess uninsured motorists coverage, Allstate paid Reidy's estate $85,000 which equaled the difference between the policy's maximum uninsured motorists limit, $100,000, and the amount recovered under American Standard's uninsured motorists coverage, $15,000. Before paying uninsured motorists benefits to Reidy's estate, Allstate obtained a release and an assignment of Reidy's right to proceed against American Standard for its failure to offer increased uninsured motorists coverage to Robert Runyan.

On August 8, 1987, Allstate filed a subrogation action against Mark Runyan which alleged that his negligent operation of the motorcycle caused Reidy's death. On December 7, 1987, American Standard offered Runyan a defense to the litigation under a reservation of rights.

On December 21, 1988, American Standard filed a two-count complaint for declaratory judgment which alleged that its policy did not afford coverage to Runyan for injuries sustained by passengers on his motorcycle, that Reidy's estate released American Standard from any claims under the uninsured motorists provisions of its policy, and that Allstate had accepted and paid the claim of Reidy's estate under its excess uninsured motorists provisions.

On April 10, 1989, Allstate filed a motion for summary judgment on American Standard's complaint. In its motion, Allstate argued that American Standard's passenger exclusion was ambiguous and in conflict with both the written representations of the "vehicle for hire" exclusion and the illustration on the cover of the policy.

In its response and cross-motion for summary judgment, American Standard asserted that, under Illinois law, an exclusion which precludes liability coverage for motorcycle passengers is valid and enforceable. American Standard also asserted that its passenger exclusion was neither in conflict with the policy's other exclusions nor in conflict with the illustration on the policy's cover.

On May 30, 1989, the circuit court conducted a hearing on the parties' motions. After considering the respective arguments of the parties, the court found that the "vehicle for hire" exclusion and the illustration on the policy's cover were in conflict with the passenger exclusion and created an ambiguity in the policy. Based on this ambiguity, the court concluded that *165 the liability provisions of American Standard's policy were applicable to the injuries sustained by Reidy.

In this appeal, American Standard maintains that the circuit court erred in granting Allstate's summary judgment motion. Specifically, American Standard contends that the liability exclusions in its policy were clear and unambiguous and, as such, properly excluded liability coverage for bodily injury to passengers on the motorcycle. See Wilhelm v. Universal Underwriters Insurance (1978), 60 Ill.App.3d 894, 17 Ill.Dec. 872, 377 N.E.2d 62.

Summary judgment is appropriate where the pleadings, affidavits, depositions, admissions, and exhibits show that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. (Protective Insurance Co. v. Coleman (1986), 144 Ill.App.3d 682, 686, 98 Ill.Dec. 914, 494 N.E.2d 1241.) Since the construction of an insurance policy presents a question of law, summary judgment is an appropriate disposition when the construction of a policy is at issue. Protective Insurance Co. v. Coleman, 144 Ill. App.3d at 686, 98 Ill.Dec. 914, 494 N.E.2d 1241.

In construing an insurance contract, a clause in a policy which is clear and unambiguous will be applied as written. (Western Casualty & Surety Co. v. Brochu (1985), 105 Ill.2d 486, 495, 86 Ill.Dec.

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569 N.E.2d 162, 210 Ill. App. 3d 443, 155 Ill. Dec. 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-standard-ins-v-allstate-ins-illappct-1991.