Ellis v. American Family Mutual Insurance

750 N.E.2d 1287, 322 Ill. App. 3d 1006, 255 Ill. Dec. 902, 2001 Ill. App. LEXIS 463
CourtAppellate Court of Illinois
DecidedJune 20, 2001
Docket4 — 00—1008
StatusPublished
Cited by16 cases

This text of 750 N.E.2d 1287 (Ellis v. American Family Mutual 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
Ellis v. American Family Mutual Insurance, 750 N.E.2d 1287, 322 Ill. App. 3d 1006, 255 Ill. Dec. 902, 2001 Ill. App. LEXIS 463 (Ill. Ct. App. 2001).

Opinion

JUSTICE COOK

delivered the opinion of the court:

Plaintiff Beverly D. Ellis appeals from the trial court’s grant of summary judgment in favor of defendant American Family Mutual Insurance Company (American Family). We affirm.

American Family issued a motor vehicle insurance policy to Ellis effective from December 12, 1991, to June 12, 1992. The policy contained an endorsement, the “Automobile Accidental Death and Specific Dismemberment Benefits Coverage Endorsement.” On May 15, 1992, Ellis’s son Shaun was killed in an automobile accident while driving Ellis’s car. Ellis sought benefits under the endorsement but American Family denied coverage.

On January 17, 1995, Ellis filed a complaint for declaratory judgment; American Family filed an answer and a counterclaim for declaratory judgment. The parties next filed cross-motions for summary judgment. Each was denied. The case languished for two years. Ellis then filed a second motion for summary judgment; American Family filed a response and cross-motion for summary judgment. Ellis’s motion was denied, American Family’s was granted. From this ruling, Ellis appeals.

Three pertinent provisions of the policy are at issue. The first two provisions are found in the endorsement:

“Death Benefit: We will pay the maximum benefit shown in the declarations, if the insured person dies within 90 days of the accident.

* * *

Insured person or insured persons means you or any relative while occupying, or when struck by, a land motor vehicle or trailer.”

The third provision is found in the base policy, in a section entitled “Definitions Used Throughout the Policy”:

“Relative means a person living in your household related to you by blood, marriage!,] or adoption. *** It excludes any person who, or whose spouse, owns a motor vehicle other than an off-road motor vehicle.”

American Family offers two theories in support of the trial court’s ruling: (1) Shaun owned his own car, thereby coming under an exception to the policy definition of “relative” and (2) Shaun was not “living in [Eilis’s] household” at the time of his death.

The question whether an individual is a resident of, or living in, a household commonly arises in other automobile policy contexts. The standard automobile policy covers “relatives” as insureds, meaning persons living in the household and related to the insured by blood or marriage. See 625 ILCS 5/7 — 317(a), (b) (West 2000); 215 ILCS 5/143.13(a) (West 2000). A number of cases consider whether a person is a “relative” and accordingly covered as an insured under an automobile liability policy. See, e.g., State Farm Mutual Automobile Insurance Co. v. Taussig, 227 Ill. App. 3d 913, 916, 592 N.E.2d 332, 334-35 (1992) (child who dropped out of school and had his own apartment not a related person who lived with his parents); Kopier v. Harlow, 291 Ill. App. 3d 139, 142, 683 N.E.2d 536, 538 (1997) (liability coverage exclusion for bodily injury or property damage arising out of use of any vehicle owned by any “resident of the household”). Other cases have considered whether a person is a relative “resident of the household” and accordingly excluded from receiving benefits under a homeowner’s or automobile liability policy. See, e.g., Country Mutual Insurance Co. v. Peoples Bank, 286 Ill. App. 3d 356, 359-60, 675 N.E.2d 1031, 1033-34 (1997) (foster child under one-year placement agreement a “resident of the household”). Different factors may apply in cases interpreting coverage clauses than in cases involving exclusion clauses. The endorsement here, providing accidental death benefits, appears to be somewhat unusual, even though it employs language previously interpreted in the cases. Why should a relative, traveling in an insured vehicle, be covered under the endorsement if he does not own a motor vehicle, but not be covered if he does?

The policy definition of “insured persons” includes the policyholder’s relatives. The policy definition of “relative” specifically excludes individuals who own their own vehicles. American Family states that Shaun owned his own vehicle and therefore was not an insured person.

American Family mainly relies upon Ellis’s response to a request for admission tendered pursuant to Supreme Court Rule 216 (134 111. 2d R. 216). American Family’s request No. 7 stated:

“7. That on May 15, 1992, the decedent, SHAUN J. ELLIS, was the owner of his own vehicle and it was not the 1982 Oldsmobile 88 Royale which was involved in this accident.”

Ellis’s response to the request did indeed explicitly admit the truth of this fact. On appeal, Ellis refers to a portion of her discovery deposition wherein she contradicts her admission:

“DEFENSE COUNSEL: In May of 1992 did Shaun own his own vehicle?
PLAINTIFF: No, not at the time of the accident.
DEFENSE COUNSEL: In your answers to the [r]equest for [a]dmission of [flacts you were asked whether Shaun was the owner of his own vehicle on May 15th of ’92, and you admitted that. Was that wrong? He didn’t have his own car?
PLAINTIFF: Not at the time he did not.
DEFENSE COUNSEL: Okay. Had he at any time prior to—
PLAINTIFF: Yes.
DEFENSE COUNSEL: — the accident? Okay. When was the last time that he owned a vehicle prior to the accident date of May 15th, ’92?
PLAINTIFF: I don’t honestly remember that.
* * *
DEFENSE COUNSEL: Do you know the reason why Shaun was using your vehicle at that time?
PLAINTIFF: He did not have a car of his own at that time, so until he had decided what he was going to purchase he was using my car.”

Ellis directs our attention to Supreme Court Rule 201(j), which states that “[djisclosure of any matter obtained by discovery is not conclusive, but may be contradicted by other evidence.” 166 111. 2d R. 201(j).

Rule 216(a) (134 Ill. 2d R. 216(a)) allows a party to request admission of “the truth of any specified relevant fact,” including an ultimate fact. See also P.R.S. International, Inc., v. Shred Pax Corp., 184 Ill. 2d 224, 237, 703 N.E.2d 71, 77 (1998) (requests for admission of legal conclusions are improper).

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Bluebook (online)
750 N.E.2d 1287, 322 Ill. App. 3d 1006, 255 Ill. Dec. 902, 2001 Ill. App. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-american-family-mutual-insurance-illappct-2001.