De Los Reyes v. Travelers Insurance Companies

553 N.E.2d 301, 135 Ill. 2d 353, 142 Ill. Dec. 787, 1990 Ill. LEXIS 25
CourtIllinois Supreme Court
DecidedMarch 22, 1990
Docket67839
StatusPublished
Cited by56 cases

This text of 553 N.E.2d 301 (De Los Reyes v. Travelers Insurance Companies) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
De Los Reyes v. Travelers Insurance Companies, 553 N.E.2d 301, 135 Ill. 2d 353, 142 Ill. Dec. 787, 1990 Ill. LEXIS 25 (Ill. 1990).

Opinions

JUSTICE MILLER

delivered the opinion of the court:

Plaintiff Paul de los Reyes, an Illinois resident, was injured in an automobile accident in Indiana on August 18, 1984. The driver responsible for the accident was insured by defendant, Travelers Insurance Companies. Defendant offered to pay plaintiffs, Paul and Priscilla de los Reyes, $10,000, which defendant contends is the upper limit of the coverage for bodily injury under the policy. Plaintiffs rejected the offer and sought a declaratory judgment in the circuit court of Cook County that the coverage limit for bodily injury under the policy is $25,000 per person, rather than $10,000 as Travelers contends. The trial court found defendant’s liability to be limited to $10,000 and granted defendant’s motion for summary judgment, further denying a similar motion for summary judgment filed on behalf of plaintiffs. Plaintiffs appealed the judgment of the trial court. On appeal, a divided appellate court found that the policy issued by defendant provided coverage for bodily injury in the amount of $25,000, rather than $10,000 as the trial court had found. (175 Ill. App. 3d 169.) Accordingly, the appellate court reversed the trial court order granting defendant’s motion for summary judgment and granted plaintiffs’ motion for summary judgment instead. We granted defendant’s petition for leave to appeal (107 Ill. 2d R. 315).

The relevant facts are undisputed. On August 18, 1984, Remar de los Reyes, Paul de los Reyes’ brother, was driving Paul’s pickup truck; plaintiff Paul de los Reyes was a passenger in the vehicle. Remar, Paul, and Paul’s children were traveling to Remar’s home in Massachusetts. While driving through Indiana, Remar lost control of the vehicle, causing it to overturn, and Paul was severely injured.

Primary coverage for the accident was provided by Paul and Priscilla de los Reyes’ insurance company. In addition, Remar, the driver, was insured by defendant, Travelers Insurance Companies, under a policy issued in Massachusetts to Aquilina Panalagin, Paul and Remar’s sister. The policy named Remar as an additional insured and limited coverage for bodily injury to $10,000 per person. However, the insured paid an additional premium to obtain optional coverage for accidents occurring outside Massachusetts. The relevant portion of the optional provision states:

“If the accident occurs in any other state or in a Canadian province and you have purchased any coverage at all under this Part, your policy will automatically apply to that accident as follows:
If the state or province has:
1. A financial responsibility or similar law specifying limits of liability for bodily injury or property damage higher than the limits you have purchased, your policy will provide the higher specified limits.
2. A compulsory insurance or similar law requiring your auto to have insurance whenever it is used in that state or province, your policy will provide at least the required minimum amounts and types of coverage.”

The State of Indiana, where the accident occurred, has a financial responsibility law entitled the Indiana Motor Vehicle Safety-Responsibility and Driver Improvement Act (Ind. Code §9 — 2—1—15 (Burns 1987)). The statute reads in pertinent part:

“Proof of financial responsibility shall mean proof of ability to respond in damages for liability thereafter incurred, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of any one (1) person ***. Proof in the amounts required by this section shall be furnished for each motor vehicle registered by such person.”

At the time of plaintiff’s accident, section 9 — 2—1—16 of the Act, since amended, provided:

“Proof of financial responsibility when required under this act *** may be given by the following alternate methods; either by proof that a policy or policies of motor vehicle liability insurance have been obtained and are in full force and effect, or that a bond has been duly executed, or that deposit has been made of money or securities, all as hereinafter provided.” Ind. Code §9 — 2—1—16 (Burns 1987).

In construing the policy provision questioned here, we look to Indiana law to determine the meaning and purpose of Indiana’s financial responsibility statute. Decisions interpreting the Indiana Act make it clear that the Act’s provisions come into play only after a motorist has been involved in an accident. (Grimes v. Government Employees Insurance Co. (Ind. App. 1980), 402 N.E.2d 50.) Once a driver has been involved in an accident, the driver must provide the Commissioner of the Bureau of Motor Vehicles with proof that he will be able to respond in damages in the event of future accidents. (Grimes, 402 N.E.2d at 52.) Section 9 — 2—1—16 of the Act provides that financial responsibility may be proved by insurance, by bond, or by a deposit of money or securities. (Ind. Code §9 — 2—1—16 (Burns 1987).) The purpose of the statute is to increase public protection against a select group of drivers; that is, those who have been involved in a previous accident. Green v. State Farm Mutual Automobile Insurance Co. (1976), 168 Ind. App. 434, 343 N.E.2d 828.

Plaintiffs concede that Remar de los Reyes, the driver in the instant case, was not subject to the statute at the time of the accident since he had no prior accidents. Plaintiffs contend that although the Act does not apply to Remar de los Reyes, defendant failed to limit the application of its financial responsibility provision to those instances where compliance with financial responsibility laws is required.

Defendant argues that since Indiana’s financial responsibility statute does not apply to the insured, coverage limits in the amounts specified in the statute should not be read into the policy. Defendant cites in support of its argument Grimes v. Government Employees Insurance Co. (Ind. App. 1980), 402 N.E.2d 50, Green v. State Farm Mutual Automobile Insurance Co. (1976), 168 Ind. App. 434, 343 N.E.2d 828, and Wisdom v. Stonewall Insurance Co. (1986), 139 Ill. App. 3d 1082. In each case, the court held that because the insured was not subject to the State’s financial responsibility law, the coverage limits of the policy involved were not increased to the amounts specified in the statute.

The appellate court found that the policy provision in question operated to increase the coverage for bodily injury for this accident from $10,000 to $25,000.

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Bluebook (online)
553 N.E.2d 301, 135 Ill. 2d 353, 142 Ill. Dec. 787, 1990 Ill. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-los-reyes-v-travelers-insurance-companies-ill-1990.