General Insurance Co. of America v. Robert B. McManus, Inc.

650 N.E.2d 1080, 209 Ill. Dec. 107, 272 Ill. App. 3d 510
CourtAppellate Court of Illinois
DecidedMay 1, 1995
Docket1—93—3310, 1—93—3386 cons
StatusPublished
Cited by47 cases

This text of 650 N.E.2d 1080 (General Insurance Co. of America v. Robert B. McManus, Inc.) 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
General Insurance Co. of America v. Robert B. McManus, Inc., 650 N.E.2d 1080, 209 Ill. Dec. 107, 272 Ill. App. 3d 510 (Ill. Ct. App. 1995).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

This case requires us to determine the event that triggered an errors and omissions insurance policy.

The controversy took root when a broker, Robert B. McManus, Inc. (McManus), obtained liability coverage for Art’s Transportation, Inc., Windy City Coaches, and Art’s Special Services, Inc. (Art’s), with Savoy Reinsurance Company Limited (Savoy). The effective policy period was December 31,1987, to December 31, 1988. Everyone agrees that Savoy was not licensed to do business in Illinois at the time the policy was obtained.

After the Savoy policy was issued, claims occurred. There were lawsuits. Savoy began defending those lawsuits. In May 1991, after more than two years of defending Art’s, Savoy’s lawyers withdrew from the claims and lawsuits because the insurance company was not paying legal fees. That required Art’s to hire its own lawyer and settle and litigate the pending claims and lawsuits at its own expense.

In June 1991 Art’s made a claim against McManus under the broker’s errors and omissions policy. The claim was based on a provision of the Illinois Insurance Code. That section, now section 121 — 4 (215 ILCS 5/121 — 4 (West 1992)), concerns unauthorized insurance companies and provides, in part:

"If any such unauthorized insurer fails to pay any claim or loss within the provisions of such an insurance contract, any person who assisted or in any manner aided directly or indirectly in the procurement of the insurance contract shall be liable to the insured for the full amount of the claim or loss as provided in the insurance contract.”

Clearly, McManus would be liable to Art’s for the claims or loss that would have been covered by the Savoy policy. That is not the issue before us. The issue is whether McManus’ errors and omissions policy written by General Insurance Company of America (General) covers the claims or loss that would have been covered by the Savoy policy.

General’s errors and omissions policy was effective from April 4, 1991, to April 4, 1992. It contained a prior acts exclusion, set forth in an endorsement, which provided:

"It is hereby understood and agreed that coverage shall not apply to claims or suits arising as a result of acts, errors, or omissions which occurred prior to April 4, 1990.”

The question, then, is: When did the "act, error, or omission” by McManus take place for the purpose of coverage?

If it took place just before December 31, 1987, when the Savoy policy went into effect, there would be no claim under the errors and omissions policy.

If it took place in May 1991, when Savoy’s lawyer withdrew, leaving Art’s high and dry, the June 1991 claim would trigger coverage. (General does not contend there was any defect in the way it was notified about Art’s claim against McManus.)

The case is before us on General’s action for declaratory judgment. General sued McManus, seeking a declaration that McManus was not covered by the errors and omissions policy. Art’s intervened, filing a countercomplaint for declaratory judgment. 1

The trial court granted General’s motion for judgment on the pleadings, dismissed Art’s countercomplaint, and denied motions for reconsideration. This appeal followed.

We affirm the trial court.

DECISION

Art’s contends the event that activated McManus’ coverage with General was the nondefense by Savoy in May 1991. Before that, says Art’s, there could be no claim because Savoy was defending it against claims and lawsuits. Until May 1991, McManus’ placement of coverage with an unauthorized insurer was not an event that would trigger coverage. Art’s contends the prior acts exclusion is ambiguous and must be construed in favor of the insured. Any other construction, says Art’s, would so narrow the coverage of the errors and omissions policy as to be against public policy.

General contends, and the trial court agreed, that the prior acts exclusion is clear and unambiguous. It means what it says. McManus violated the Insurance Code when he obtained insurance from Savoy, an unauthorized insurance company. That, says General, is the "act, error, or omission” covered by the errors and omissions policy. It follows, contends General, that Art’s claim was excluded by the policy.

To guide us in our decision, we visit some of the general rules of insurance contract construction.

Insurance policies are contracts. Policies should be construed as other contracts are construed. Hartford Accident & Indemnity Co. v. Case Foundation Co. (1973), 10 Ill. App. 3d 115, 121, 294 N.E.2d 7.

If a provision of an insurance policy can reasonably be said to be ambiguous, it will be construed in favor of the insured. (Dora Township v. Indiana Insurance Co. (1980), 78 Ill. 2d 376, 400 N.E.2d 921.) If the provisions of the policy are clear and unambiguous, there will be no need for construction and the provisions will be applied as written. Menke v. Country Mutual Insurance Co. (1980), 78 Ill. 2d 420, 401 N.E.2d 539.

All the provisions of the insurance contract, not just an isolated part, should be read together to interpret it and to determine whether an ambiguity exists. Weiss v. Bituminous Casualty Corp. (1974), 59 Ill. 2d 165, 319 N.E.2d 491.

In applying the rules of interpretation, words in the policy should be given their plain and ordinary meaning, and the court should not search for an ambiguity where there is none. United States Fire Insurance Co. v. Schnackenberg (1981), 88 Ill. 2d 1, 5, 429 N.E.2d 1203.

A contract is not rendered ambiguous simply because the parties do not agree on its meaning. Joseph v. Lake Michigan Mortgage Co. (1982), 106 Ill. App. 3d 988, 991, 436 N.E.2d 663.

The rules of construction do not require courts to reach strained or unreasonable interpretations which would have the effect of invalidating the contract between the parties. JG Industries, Inc. v. National Union Fire Insurance Co. (1991), 218 Ill. App. 3d 1061, 1066, 578 N.E.2d 1260.

With these principles in mind, we turn to the words of this insurance contract.

General’s policy closely resembles a claims made policy. The major difference between a claims made policy and an occurrence policy is in the risk insured.

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Cite This Page — Counsel Stack

Bluebook (online)
650 N.E.2d 1080, 209 Ill. Dec. 107, 272 Ill. App. 3d 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-insurance-co-of-america-v-robert-b-mcmanus-inc-illappct-1995.