FARMERS AUTO. INS. ASS'N v. Kraemer

857 N.E.2d 691
CourtAppellate Court of Illinois
DecidedJuly 12, 2006
Docket5-05-0447
StatusPublished
Cited by12 cases

This text of 857 N.E.2d 691 (FARMERS AUTO. INS. ASS'N v. Kraemer) 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
FARMERS AUTO. INS. ASS'N v. Kraemer, 857 N.E.2d 691 (Ill. Ct. App. 2006).

Opinion

857 N.E.2d 691 (2006)

FARMERS AUTOMOBILE INSURANCE ASSOCIATION, Plaintiff-Appellant,
v.
Linda S. KRAEMER, Defendant-Appellee.

No. 5-05-0447.

Appellate Court of Illinois, Fifth District.

July 12, 2006.

*692 Robert Marc Chemers, Anne E. Wall, Pretzel & Stouffer, Chicago, for Appellant.

Terry L. Peebles, Cahokia, Clyde L. Kuehn, The Kuehn Law Firm, Belleville, for Appellee.

Justice HOPKINS delivered the opinion of the court:

The plaintiff, Farmers Automobile Insurance Association (Farmers), filed its complaint for a declaratory judgment in the circuit court of St. Clair County, seeking a declaration that it was not required to pay underinsured-motorist-coverage benefits to the defendant, Linda S. Kraemer. The circuit court construed a release that Kraemer had executed, determined that she did not intend to release Farmers, and entered a judgment in her favor. On appeal, Farmers contends that the release Kraemer executed discharged Farmers from its obligation to pay her underinsured-motorist-coverage benefits.

We affirm.

FACTS

Farmers issued its policy of insurance to Kraemer and her husband as named insureds. The policy provided for automobile liability insurance on a primary basis and included underinsured-motorist coverage, with an effective policy period of November 16, 2002, to May 16, 2003, and coverage limits of $100,000 for each person and $300,000 for each occurrence. On January 10, 2003, Kraemer sustained injuries in a motor vehicle accident caused by Rudy Teason. Following the accident, Allstate Insurance Company (Allstate), on behalf of Teason, its named insured, offered to Kraemer its policy limit of $25,000 in exchange for a release memorializing the case's settlement. Kraemer accepted the $25,000 offered by Allstate, and on December 20, 2004, Kraemer and her husband executed the following release:

"This Indenture Witnesseth that we[,] in consideration of the sum of Twenty[-]Five *693 Thousand & 00/100 dollars ($25,000.00), receipt whereof is hereby acknowledged, do hereby for our heirs, personal representatives[,] and assign[s][] release and forever discharge Rudy Teason and any other person, firm[,] or corporation charged or chargeable with responsibility of liability, [and] their heirs, representative[,] or assigns, form [sic] any and all claims, demands, damages, costs, expenses, loss of service, action[,] and causes of action arising from any act or occurrence up to the present time, and particularly on account of all personal injury, bodily injury, disability, property damage, loss[,] or damage of any kind sustained or that we may hereafter sustain in consequence of an accident that occurred on or about the 10th day of January, 2003, at or near North Main Street, Dupo, IL.
* * *
We, each of the undersigned, further understand that such liability as we may or shall have incurred, directly or indirectly, in connection with or for damages arising out of the accident to each person or organization, release and discharge of liability herein, and to any other person or organization, is expressly reserved to each of them, such liability not being waived, agreed upon, discharged[,] nor [sic] settled by this release."

On March 21, 2005, Farmers filed its complaint for a declaratory judgment. Farmers requested that the circuit court declare, pursuant to the release, that it was not liable under its policy of insurance to provide underinsured-motorist-coverage benefits to Kraemer for the injuries she had received in the January 10, 2003, motor vehicle occurrence. On May 6, 2005, Farmers filed a motion for a judgment on the pleadings. See 735 ILCS 5/2-615(e) (West 2004). On July 20, 2005, after hearing arguments, the circuit court held that the parties to the release did not intend to release Kraemer's underinsured-motorist claim against Farmers. On August 3, 2005, Farmers filed a notice of appeal.

ANALYSIS

Farmers argues that the release discharged its duty to pay underinsured-motorist-coverage benefits to Kraemer.

"Judgment on the pleadings is proper only where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law." M.A.K. v. Rush-Presbyterian-St. Luke's Medical Center, 198 Ill.2d 249, 255, 261 Ill.Dec. 710, 764 N.E.2d 1 (2001). "In ruling on a motion for judgment on the pleadings, only those facts apparent from the face of the pleadings, matters subject to judicial notice, and judicial admissions in the record may be considered." M.A.K., 198 Ill.2d at 255, 261 Ill.Dec. 710, 764 N.E.2d 1.

"A release is a contract wherein a party relinquishes a claim to a person against whom the claim exists, and a release is subject to the rules governing the construction of contracts." Carona v. Illinois Central Gulf R.R. Co., 203 Ill.App.3d 947, 951, 148 Ill.Dec. 933, 561 N.E.2d 239 (1990). Where a court determines that a contract is ambiguous as a matter of law, its construction becomes a question of fact, and parol evidence is admissible to ascertain the parties' intent. Farm Credit Bank of St. Louis v. Whitlock, 144 Ill.2d 440, 447, 163 Ill.Dec. 510, 581 N.E.2d 664 (1991). A contract is ambiguous if it is capable of being understood in more than one sense. Farm Credit Bank of St. Louis, 144 Ill.2d at 447, 163 Ill.Dec. 510, 581 N.E.2d 664.

General words of release are restrained in effect by the specific recitals contained in the instrument. Carona, 203 Ill.App.3d at 951, 148 Ill.Dec. 933, 561 *694 N.E.2d 239; Gladinus v. Laughlin, 51 Ill. App.3d 694, 696, 9 Ill.Dec. 173, 366 N.E.2d 430 (1977); Kerr v. Schrempp, 325 Ill.App. 614, 619, 60 N.E.2d 636 (1945). When a release recites general words that follow particular words, the general words are limited to things or persons of the same kind or class as those which are particularly mentioned. Gage v. Cameron, 212 Ill. 146, 157, 72 N.E. 204 (1904). Illinois courts restrict the language of a general release to the things or persons intended to be released and refuse to interpret generalities to defeat a valid claim not then in the minds of the parties. Thornwood, Inc. v. Jenner & Block, 344 Ill.App.3d 15, 21, 278 Ill.Dec. 891, 799 N.E.2d 756 (2003); Martin v. Illinois Farmers Insurance, 318 Ill.App.3d 751, 762, 252 Ill.Dec. 310, 742 N.E.2d 848 (2000); Carlile v. Snap-on Tools, 271 Ill.App.3d 833, 839, 207 Ill.Dec. 861, 648 N.E.2d 317 (1995); Beauvoir v. Rush-Presbyterian-St.

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Cite This Page — Counsel Stack

Bluebook (online)
857 N.E.2d 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-auto-ins-assn-v-kraemer-illappct-2006.