Chatlas v. Allstate Insurance

892 N.E.2d 106, 383 Ill. App. 3d 565, 322 Ill. Dec. 859, 2008 Ill. App. LEXIS 655
CourtAppellate Court of Illinois
DecidedJune 30, 2008
Docket1-07-2937
StatusPublished
Cited by3 cases

This text of 892 N.E.2d 106 (Chatlas v. Allstate Insurance) 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
Chatlas v. Allstate Insurance, 892 N.E.2d 106, 383 Ill. App. 3d 565, 322 Ill. Dec. 859, 2008 Ill. App. LEXIS 655 (Ill. Ct. App. 2008).

Opinion

PRESIDING JUSTICE QUINN

delivered the opinion of the court:

Plaintiff filed a declaratory judgment action against defendant, seeking a declaration that plaintiff was entitled to underinsured motorist (UIM) insurance coverage in the same amount as her bodily injury liability limits of $250,000. Plaintiff’s claim was based on defendant’s alleged failure to comply with the provisions of section 143a — 2 of the Illinois Insurance Code (Code) (215 ILCS 5/143a — 2 (West 1994)), which require insurers to offer uninsured/underinsured motorist coverage up to the limits of bodily injury liability in a policy. Defendant maintained that it fully complied with the provisions of the Code because plaintiff rejected offers of increased UIM coverage and plaintiffs policy at issue was a renewal policy, which did not require defendant to send a new offer of UIM coverage. Cross-motions for summary judgment were filed by the parties. The circuit court granted defendant’s motion for summary judgment and denied plaintiffs motion for summary judgment.

On appeal, plaintiff contends that the circuit court erred by determining that her insurance policy was a renewal of a previous policy which did not require that defendant offer increased UIM coverage. Plaintiff argues that she is entitled to reformation of her insurance policy to provide UIM coverage equal to the bodily injury liability limits of her policy. For the following reasons, we affirm.

The facts of this case are not disputed. Beginning in 1980, plaintiff maintained an automobile insurance policy with defendant and plaintiff received an insurance renewal form for her policy every six months. On March 4, 2002, plaintiff maintained such insurance with defendant under policy number 0 22 519878. While the policy was in effect, defendant made four offers to increase plaintiff’s UIM limits to equal plaintiff’s bodily injury limits. Defendant made such offers in September 1983, March 1990, September 1990, and March 1991. Plaintiff rejected defendant’s offers of increased UIM coverage.

On March 4, 2002, plaintiff contacted defendant, through her Allstate agent, and advised defendant that she wished to cancel her insurance policy. On March 6, 2002, plaintiff contacted defendant and advised defendant that she wished to be insured by defendant again. On March 6, 2002, defendant issued plaintiff insurance under policy number 9 02 399393. Pursuant to the terms of plaintiffs insurance policy, plaintiff had a bodily injury liability limit of $250,000 per person and UIM limits of $20,000 per person. When plaintiff received policy number 9 02 399393, plaintiff was not required to complete a new application and plaintiff received the same premiums as her cancelled policy based on the fact that she was a longtime Allstate policyholder. Plaintiffs policy under number 9 02 399393 also contained the same coverage limits, vehicles, and rating as the cancelled policy. Plaintiffs policy under number 9 02 399393 continued through to the six-month expiration date of the cancelled renewal policy (i.e. April 18, 2002), and did not commence a new six-month period. Plaintiff was not provided any forms or documents by defendant to allow her to increase her UIM limits or documents to waive her right to increase her UIM limits.

Plaintiff was involved in an automobile accident on April 15, 2003. As a result of her injuries, plaintiff incurred $13,527.85 in medical bills. Plaintiff filed a personal injury lawsuit against Felicia Foster. On December 19, 2005, plaintiff settled the underlying lawsuit against Foster for her policy limit of $20,000. Following the settlement, plaintiff submitted a UIM claim under her insurance policy with defendant. Defendant denied UIM benefit coverage under plaintiffs insurance policy. Defendant maintained that plaintiff only had UIM coverage with limits of $20,000, and plaintiff was not entitled to any recovery because defendant claimed a right to a setoff in the amount of the underlying settlement of $20,000. Defendant’s denial of additional UIM coverage was premised on defendant’s position that policy number 9 02 399393 was in fact the reinstatement of a prior policy that just happened to have a different policy number.

On May 10, 2006, plaintiff filed the present declaratory judgment action against defendant, seeking a declaration that she was entitled to UIM coverage in the same amount as her bodily injury liability limits of $250,000, where defendant failed to offer increased UIM coverage when plaintiff received policy number 9 02 399393. Both parties filed motions for summary judgment. Following arguments on the parties’ motions, the circuit court found that this case involved the reinstatement of an existing policy rather than a new policy, and that defendant, therefore, did not have an obligation to contact plaintiff about rejecting additional UIM coverage in the same amount as plaintiffs bodily injury limits. On September 12, 2007, the circuit court entered an order granting defendant’s motion for summary judgment. Plaintiff filed a motion for clarification because the circuit court’s order did not make any reference to plaintiffs motion for summary judgment. On October 18, 2007, the circuit court granted plaintiffs motion for clarification, specifically finding that defendant’s motion for summary judgment was granted and plaintiffs motion for summary judgment was denied.

On appeal, plaintiff contends that the circuit court erred in granting defendant’s motion for summary judgment and denying plaintiffs motion for summary judgment. Plaintiff argues that her insurance policy, under number 9 02 399393, constituted a new policy rather than a reinstatement. Plaintiff maintains that because defendant never offered her increased UIM coverage under the new policy, as required by section 143a — 2 of the Code, plaintiff is entitled to have her policy reformed so that her UIM coverage was in the same amount as her bodily injury liability limits of $250,000. Defendant contends that policy number 9 02 399393 was a renewal policy, which did not require a new UIM coverage offer under section 143a — 2 of the Code.

Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2006); American Family Mutual Insurance Co. v. Jeris, 376 Ill. App. 3d 1070, 1073 (2007). “Construction of the terms of an insurance policy and satisfaction of statutory requirements are questions of law properly decided on a motion for summary judgment.” Librizzi v. State Farm Fire & Casualty Co., 236 Ill. App. 3d 582, 587 (1992). We review de novo an order granting summary judgment. American Family Mutual Insurance Co., 376 Ill. App. 3d at 1073.

In Illinois, UIM coverage is governed principally by section 143a — 2 of the Code, which provides, in relevant part:

“(1) Additional uninsured motor vehicle coverage.

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Cite This Page — Counsel Stack

Bluebook (online)
892 N.E.2d 106, 383 Ill. App. 3d 565, 322 Ill. Dec. 859, 2008 Ill. App. LEXIS 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chatlas-v-allstate-insurance-illappct-2008.