Eric Trotter v. Harleysville Insurance Company

821 F.3d 916, 2016 U.S. App. LEXIS 8588, 2016 WL 2731529
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 10, 2016
Docket15-3654
StatusPublished
Cited by3 cases

This text of 821 F.3d 916 (Eric Trotter v. Harleysville Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eric Trotter v. Harleysville Insurance Company, 821 F.3d 916, 2016 U.S. App. LEXIS 8588, 2016 WL 2731529 (7th Cir. 2016).

Opinion

ADELMAN, District Judge.

On July 14, 2011, Donna Powers drove through a stop sign and caused a four-vehicle accident. The-plaintiffs in this case occupied one of -the vehicles involved in the accident and suffered personal injuries. Eric Trotter was the driver of the vehicle; Connie Jackson and Caila Petrie were passengers. Powers was insured under a personal automobile policy with liability limits of $250;0Q0 per person and $500,000 per accident. The plaintiffs eventually settled with Powers’s insurer for the per-accident limit of $500,000. Under the settlement, Trotter received the per-person maximum of $250,000 and Jackson and Petrie split the remaining $250,000, with Jackson receiving $238,000 and' Petrie receiving $12,000.'

The plaintiffs contend that the amounts they received under the Powers policy did not make them whole. Thus, after exhausting the limits of .that policy, they each submitted claims to Harleysville Insurance Company, the defendant in this case. Harleysville had issued Trotter a personal automobile policy that included underin-sured motorist coverage. The policy provides that Trotter and any occupant of his vehicle is an “insured” for. purposes of that coverage. However, the declaration page of the policy states .that underinsured motorist coverage is limited to $500,000 for “each accident.”. Because the plaintiffs had together already recovered $500,000 under the Powers policy, Harleysville denied their claims for underinsured motorist coverage, concluding that, -for purposes of the 'Harleysville policy, Powers was not' an “underinsured motorist.”

The plaintiffs contend that Harleysville’s policy does not unambiguously state that underinsured motorist coverage is limited to $500,000 per accident. Instead, they argue, the policy can reasonably be con *918 strued to mean that the $500,000 policy limit applies on a per-person, rather than a per-accident, basis. Under this construction, each plaintiff could, depending on the extent of -his or her damages, potentially recover- from- Harleysville the difference between $500,000 and the amount'he or she received from Powers’s insurer. Thus, Trotter could recover up to $250,000 from Harleysville, Jackson up to $262,000,-and Petrie up to $488,000. The plaintiffs contend that if the policy is ambiguous in this regard; then the ambiguity must be resolved in their favor, as under Illinois law ambiguities in an insurance policy must be resolved in favor of the insured. - ■

When Harleysville refused to accept the plaintiffs’ construction of the policy, each plaintiff filed a separate suit against it In Illinois state court. Harleysville removed the cases to the Northern District of Illinois under the diversity jurisdiction, see 28 U.S.C. § 1332, and the district court consolidated the three cases into a single1 action. The parties then filed cross-motions for' summary judgment on the issue óf whether the insurance policy is ambiguous. The district court concluded that the policy is not ambiguous and' that the limit of underinsured ’ motorist coverage" is $500,000 per accident. It entered summary judgment in favor of Harleysville and denied the plaintiffs’ motion for summary judgment. The plaintiffs appeal.

We review the district court’s grant of summary judgment de novo. Boss v. Castro, 816 F.3d 910, 916 (7th Cir.2016). The parties agree that Illinois substantive law applies. Under Illinois law, a provision in an insurance policy is ambiguous only when it is susceptible to more than one reasonable interpretation. Founders Ins. Co. v. Munoz, 237 Ill.2d 424, 341 Ill.Dec. 485, 930 N.E.2d 999, 1004 (2010), Where an ambiguity does exist, the court will construe the policy strictly against the insurer and liberally in favor of coverage for the insured. Nicor, Inc. v. Associated Elec. & Gas Ins. Servs. Ltd., 223 Ill.2d 407, 307 Ill.Dec. 626, 860 N.E.2d 280, 286 (2006).

The Harleysville policy comprises a declaration page and a number of. forms and endorsements. Two endorsements relate to underinsured motorist coverage. One is entitled “Underinsured Motorists Coverage — Illinois”; the other is entitled “Single Underinsured Motorists Limit.” We will refer to these endorsements as the “Illinois” endorsement and the “singly limit” endorsement.

- The Illinois endorsement is the form that adds underinsured motorist coverage to the policy. It contains the insuring agreement stating that Harleysville will provide underinsured motorist coverage; it'also' contains definitions of policy terms, exclusions, and various other terms and conditions that apply to that coverage. Included in the Illinois endorsement is a section entitled “LIMIT OF LIABILITY.” Paragraph A of that section provides as follows:

The limit of liability shown in the Schedule or .in the Declarations for each person for Underinsured Motorists Coverage is our- maximum limit of liability'for all damages, including damages for care, loss of services or death, arising out of “bodily injury” sustained by any one person in any one accident. Subject to this limit for each person, the limit of liability shown in the Schedule or in the Declarations for each accident for Un-derinsured Motorists Coverage is our maximum limit .of liability for all damages for “bodily-injury” resulting from any one accident.

This is the most we will pay regardless of the number of:

1". “Insureds;”
2. Claims made;
3. Vehicles or premiums shown in the Schedule or Declarations; or
*919 4. Vehicles involved in the accident.

The above language means that the policy’s underinsured motorist coverage is subject to both per-person and per-accident limits. That is, it means that Har-leysville will pay no more than the per-person limit to any one person injured in an accident, and that, no matter how many people are injured in a single accident, it will pay no more than the per-accident limit.

The sole function of the single-limit endorsement is to remove the per-person limit on underinsured motorist coverage. It provides as follows:

Paragraph A. of the Limit of Liability Provision in the Underinsured Motorists Coverage Endorsement is replaced by the following:
LIMIT OF LIABILITY
The limit of liability shown in the Schedule or in the Declarations for- Underin-sured Motorists Coverage is our maximum limit of liability for all damages because of “bodily injury” resulting from any one accident. This is the most we will pay regardless of the number of:
1. “Insureds”;
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or •
4. Vehicles involved in the-accident.

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821 F.3d 916, 2016 U.S. App. LEXIS 8588, 2016 WL 2731529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eric-trotter-v-harleysville-insurance-company-ca7-2016.