Dyer v. American Family Insurance Co.

512 N.E.2d 1071, 159 Ill. App. 3d 766, 111 Ill. Dec. 530, 1987 Ill. App. LEXIS 3026
CourtAppellate Court of Illinois
DecidedAugust 25, 1987
Docket2-86-0661
StatusPublished
Cited by19 cases

This text of 512 N.E.2d 1071 (Dyer v. American Family Insurance Co.) 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
Dyer v. American Family Insurance Co., 512 N.E.2d 1071, 159 Ill. App. 3d 766, 111 Ill. Dec. 530, 1987 Ill. App. LEXIS 3026 (Ill. Ct. App. 1987).

Opinion

JUSTICE HOPF

delivered the opinion of the court:

Plaintiff, Sandra Dyer, filed a complaint for declaratory judgment. In count II of that complaint, plaintiff sought a determination that she was entitled to uninsured motorist coverage under an insurance policy issued by defendant, Ansvar America Insurance Company, to plaintiff’s father. Plaintiff sought payment of medical expenses incurred for injuries plaintiff sustained during a kidnapping and high speed chase in an automobile. Both plaintiff and defendant moved for summary judgment on count II. The trial court granted plaintiff’s motion and denied defendant’s. Defendant appeals.

On July 13, 1985, plaintiff and her friend, Bonnie Cowart, left work shortly after midnight and went to a disco lounge called Crackers. They remained there until closing and then proceeded to the Pit Stop in Zion, arriving at about 2 a.m. and remaining there for 20 to 30 minutes. At approximately 2:20 or 2:30 a.m., the two women sat conversing in Cowart’s car in the parking lot of the Pit Stop when a man opened the driver’s door and ordered the women at knife point to move over and sit with their heads bent forward between their knees. The abductor then drove out of the parking lot and headed towards Wisconsin at a high rate of speed, keeping the knife at the women’s backs and threatening them with harm.

En route to Wisconsin, police vehicles began chasing the car and the abductor sought to elude them. The driver drove in a wild fashion as the women remained in their bent position with their heads below the dashboard. The chase headed back towards the Zion area. Near the intersection of Route 173 and Kenosha Road, the vehicle left the main roadway knocking over three roadway signs on the east side of the road. The driver then traveled back across both lanes of Kenosha Road to the west shoulder before heading back across the road and down a hill, knocking loose some railroad ties which were used as a side embankment. The car appeared airborne and then crashed violently on its wheels. Plaintiff shrieked in pain after the car landed. The passenger door of the car flew open, and plaintiff’s legs were hanging out as the abductor continued driving. Plaintiff could not bring her legs back in and complained that she could not move them.

The car was now traveling on the back service drive to the Rolling Hills Nursing Home. As the abductor proceeded around the building, he ran over a tree in the parkway, struck an employee’s automobile, drove across the front lawn, down a ditch, and then back up onto Route 173, continuing eastbound. The car was pursued through a residential section of Zion until it came to a stop near a city park. The abductor exited the car and ran away.

During the entire incident, the abductor was driving Cowart’s car without her permission as owner. On the date of the kidnapping plaintiff was residing with her father and qualified as an insured under the terms of his policy with defendant. It was undisputed that under part C of that policy plaintiff was a “covered person.” The pertinent portion of part C states:

“We will pay damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury:
1. Sustained by a covered person; and
2. Caused by an accident.”

In her motion for summary judgment on count II of her complaint for declaratory judgment, plaintiff asserted that as a “covered person,” she was entitled to recover under defendant’s uninsured motorist coverage since her sustained injuries were caused by an accident which occurred while she was an occupant in an uninsured vehicle. In its motion for summary judgment, defendant maintained that plaintiff’s injuries were not caused by accident, as required under the terms of its policy with plaintiff’s father, but rather arose out of intentional and criminal conduct. Therefore, plaintiff was not entitled to coverage.

Subsequent to the filing of the parties’ summary judgment motions, defendant moved the trial court to continue the hearing on the motions until a date following the trial of plaintiff’s abductor for the offenses of aggravated kidnapping and aggravated battery. Defendant argued that a conviction in that proceeding would constitute evidence that the abductor’s conduct was criminal.

On June 25, 1986, the court entered its order denying defendant’s motion for continuance and also its motion for summary judgment. The court granted summary judgment in plaintiff’s favor on the issue of uninsured motorist coverage, finding that plaintiff was entitled to coverage for the incident occurring on July 13, 1985, under part C of the policy issued by defendant to plaintiff’s father.

In this court defendant appeals, contending: (1) that uninsured motorist coverage, like liability coverage, prohibits coverage for intentional criminal conduct such as kidnapping; (2) that uninsured motorist coverage provides coverage for injuries caused by accident, and injuries caused by a kidnapping are not caused by accident; and (3) that the trial court erred in denying defendant’s motion for a continuance on the parties’ summary judgment motions to await the outcome of the criminal charges against plaintiff’s kidnapper.

In reaching our determination in the instant action we have elected to treat defendant’s first two issues as one main issue. We point out first that there is no dispute that plaintiff was a “covered person” under the policy issued by defendant to plaintiff’s father and that the driver of the automobile at the time plaintiff sustained her injuries constituted an uninsured motorist under the policy.

We first consider defendant’s contention that uninsured motorist coverage, like liability coverage, applies only to injuries caused by accident and not by intentional criminal conduct, such as kidnapping, and, therefore, plaintiff’s injuries incurred during a kidnapping are not caused by accident.

The question of whether an uninsured motorist provision affords coverage for injuries sustained by an insured as the result of intentional, criminal conduct by an uninsured motorist has been previously reached by the Appellate Court for the Fifth District in Country Cos. v. Bourbon (1984), 122 Ill. App. 3d 1061, 462 N.E.2d 526, and by other jurisdictions. In Bourbon defendant was attending a picnic at a public park when an unassociated group of individuals began threatening and attacking members at the picnic. Because of the threats and attacks, the picnickers left the park in a pickup truck belonging to plaintiff insurance company’s insured. The troublemakers pursued the truck by car and motorcycle. In an attempt to evade the pursuers, the pickup truck was traveling at high speed. Some bumping occurred between the pursuing car and the truck before the car abandoned the pursuit. The motorcyclist, however, pulled alongside the truck and attempted to hit the driver of the truck -with a baseball bat, but missed, smashing the outside rearview mirror instead. Then the motorcyclist pulled ahead of the truck, turned around, and drove directly at the truck.

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Bluebook (online)
512 N.E.2d 1071, 159 Ill. App. 3d 766, 111 Ill. Dec. 530, 1987 Ill. App. LEXIS 3026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyer-v-american-family-insurance-co-illappct-1987.