DeGrand v. Motors Ins. Corp.

588 N.E.2d 1074, 146 Ill. 2d 521, 167 Ill. Dec. 944, 1992 Ill. LEXIS 4
CourtIllinois Supreme Court
DecidedJanuary 23, 1992
Docket70298
StatusPublished
Cited by29 cases

This text of 588 N.E.2d 1074 (DeGrand v. Motors Ins. Corp.) 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
DeGrand v. Motors Ins. Corp., 588 N.E.2d 1074, 146 Ill. 2d 521, 167 Ill. Dec. 944, 1992 Ill. LEXIS 4 (Ill. 1992).

Opinions

JUSTICE CUNNINGHAM

delivered the opinion of the court:

The United States Court of Appeals for the 7th Circuit, pursuant to Circuit Rule 52 (Fed. R. App. P. 52), certified the following question of Illinois law to this court:

“Does Illinois law require insurers to offer underinsured motorist coverage (and, if so, in what amount) to automobile purchasers who opt for uninsured motorist coverage at the minimum statutory level?” DeGrand v. Motors Insurance Corp. (7th Cir. 1990), 903 F.2d 1100, 1104.

We accept jurisdiction to answer this question pursuant to Supreme Court Rule 20 (134 Ill. 2d R. 20).

. On February 8, 1986, Luke DeGrand and Karen Kies DeGrand purchased a 1986 Chevrolet Nova from Ruby Chevrolet in Chicago. They financed the vehicle through General Motors Acceptance Corporation (GMAC), a subsidiary of General Motors, engaged in the business of financing motor vehicles. The DeGrands applied for, and received, automobile insurance from Motors Insurance Corporation (MIC), a subsidiary of GMAC, engaged in the business of insuring motor-vehicle-related risks. All of this was accomplished before the DeGrands drove their new car from the Ruby Chevrolet lot.

On March 12, 1986, Karen Kies DeGrand was involved in an automobile accident. Karen sustained a severe and permanent ankle injury as a result of the two-car collision. The DeGrands sued the driver of the other car. Unfortunately, that driver carried only minimal bodily injury liability coverage ($50,000), which was insufficient to compensate Karen.

The DeGrands turned to their own automobile insurance policy to determine whether their policy covered excess damages. When they discovered it did not, they sued their insurer, MIC, in State court for reformation of their insurance contract, claiming MIC had violated Illinois law by failing to offer them underinsured motorist coverage in an amount equal to their bodily injury liability coverage.

The DeGrands filed a declaratory judgment action against MIC in the circuit court of Cook County (Ill. Rev. Stat. 1987, ch. 110, par. 2—701). Plaintiffs alleged that MIC failed to offer them an opportunity to purchase underinsured motorist coverage up to the limits of their bodily injury liability coverage in violation of section 143a—2 of the Illinois Insurance Code (Code) (Ill. Rev. Stat. 1987, ch. 73, par. 755a—2). The DeGrands also requested a judgment reforming their MIC policy to increase their underinsured coverage up to their bodily injury liability coverage ($100,000 per person/$300,000 per occurrence).

MIC removed the action to the United States District Court for the Northern District of Illinois based on diversity, pursuant to 28 U.S.C. §1332 (1988). Both the DeGrands and MIC filed cross-motions for summary judgment.

On June 14, 1989, the district court granted MIC summary judgment on the entire complaint because the policy of insurance was issued after July 1, 1983, and MIC was under no statutory duty to make an offer of underinsured motorist coverage. The DeGrands filed a notice of appeal.

On May 30, 1990, the 7th Circuit rendered its opinion (903 F.2d 1100), certifying to this court the question of law. The 7th Circuit recognized that “[t]he language of the statute does not seem to require insurers to issue or offer any underinsurance to drivers who elect minimum uninsured motorist coverage.” (Emphasis in original.) (903 F.2d at 1103 n.2.) The 7th Circuit noted that there was a split of authority in the districts of the appellate court of Illinois.

The DeGrand’s insurance policy provided bodily injury and property damage coverage of $100,000 per person and $300,000 per occurrence. The policy also provided uninsured motorist coverage of $15,000 per person and $30,000 per occurrence, and although allegedly unknown to the DeGrands, underinsured motorist coverage in the same amount as uninsured. The DeGrands claimed they never knew about the underinsured motorist coverage until after the accident.

The only dispute between the DeGrands and MIC is relative to underinsured motorist coverage. There is no question, however, that the DeGrands had sufficient knowledge of their uninsured motorist coverage. Luke DeGrand’s signature appears underneath the text referring to an opportunity to purchase coverage up to the bodily injury limits. In a blocked section above the signature block, the word “underinsurance” appears in the MIC printed insurance application which refers to the amount of coverage for uninsured/underinsured liability. All of the printing on the insurance application is the same size. The application provides, in part:

“I apply for the following liability limits:
Bodily injury and property damages — limit %100 300,000
Uninsured/underinsured motorist coverage
_ A equal to liability limits selected above
x B other (specify) 15/30.
Limits for uninsured/underinsured motorist coverage may not exceed limits for bodily injury and property damage coverages.
* * *
I acknowledge that I have been provided an opportunity to purchase uninsured motorist coverage up to the limits of my bodily injury limits.
s/Luke DeGrand”
(Emphasis added.)

Although the policy application provides coverage for underinsurance in the same amount as uninsured coverage, plaintiffs argue that MIC’s failure to offer them underinsurance coverage constitutes a breach of its legal responsibilities under the Code. MIC argues that recent amendments to the Code make such an offer unnecessary because when an individual elects uninsured motorist coverage, the individual automatically receives under-insurance in the equivalent amount, so long as the policy contains such provisions. The policy application in this cause contained such a provision.

The district court, in reiterating MIC’s position, stated:

“Because plaintiffs’ insurance policy provided uninsured motorist coverage at the minimum limit, MIC was under no statutory duty to make an offer of underinsured motorist coverage. As of July 1, 1983, an insurer’s obligation to include — not merely offer — underinsured motorist coverage turns on whether the policy provides for uninsured motorist coverage in excess of the statutory minimum. Since plaintiffs’ policy was issued after July 1, 1983, and provided uninsured motorist coverage only at the statutory minimum level, their claim against MIC must fail.”

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Bluebook (online)
588 N.E.2d 1074, 146 Ill. 2d 521, 167 Ill. Dec. 944, 1992 Ill. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degrand-v-motors-ins-corp-ill-1992.