Gober v. State Farm Mutual Automobile Insurance

636 N.E.2d 1016, 263 Ill. App. 3d 846, 201 Ill. Dec. 584
CourtAppellate Court of Illinois
DecidedJune 8, 1994
Docket2-92-1452
StatusPublished
Cited by10 cases

This text of 636 N.E.2d 1016 (Gober v. State Farm Mutual Automobile 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
Gober v. State Farm Mutual Automobile Insurance, 636 N.E.2d 1016, 263 Ill. App. 3d 846, 201 Ill. Dec. 584 (Ill. Ct. App. 1994).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Plaintiffs, Charles: and Helen Gober, brought this declaratory-judgment action seeking to recover additional underinsured motorist benefits under several insurance policies issued by defendants, State Farm Fire and Casualty Company (State Farm Fire) and State Farm Mutual Automobile Insurance Company (State Farm Auto). Plaintiffs appeal from an order of the circuit court of Lake County granting defendants’ motions for summary judgment. Plaintiffs contend the trial court misinterpreted the provisions for underinsured motorist coverage in their State Farm policies. We affirm.

The parties stipulated to the facts. Charles Gober sustained bodily injuries in an auto collision caused by Dean Galvin, an underinsured driver. In an action against Galvin, Charles sued for bodily injury and Helen sued for loss of consortium. Galvin’s insurer, Allstate Insurance Company (Allstate), offered to settle Charles’ claim for $10,000 and Helen’s claim for $10,000. Together the settlement amounts represented Galvin’s total liability policy limits of $20,000. After being notified by plaintiffs of Allstate’s proposal, State Farm authorized the settlement and waived its right of subrogation. Allstate settled with plaintiffs, and Charles and Helen each received $10,000.

Charles then made a claim for underinsured motorist benefits for his personal injuries under four different State Farm insurance policies. Policy No. S22 9950 — F05—13, which was issued by State Farm Fire, was the primary underinsured motorist policy, and policy Nos. 921 9147 — F05—13, 921 9149 — F05—13, and 121 9148 — F05— 13, issued by State Farm Auto, were excess underinsured motorist policies. All four policies contained underinsured motorist coverage limits in the amount of $100,000 per person and $300,000 per accident. Charles sought $90,000 of benefits under the State Farm Fire policy and an additional $20,000 of benefits under any one of the State Farm Auto policies. State Farm Fire paid Charles $80,000 under its policy, representing the difference between the single per-person limits of $100,000 and the $20,000 that Allstate had paid to Charles and Helen. Both defendants denied Charles’ additional claims.

Subsequently, plaintiffs filed a complaint for declaratory relief, and both parties ultimately moved for summary judgment. The trial court granted defendants’ motion, denied plaintiffs’ motion, and rendered a declaratory judgment that the maximum amount of underinsured motorist coverage due under the four insurance policies was the $80,000 that State Farm had already paid to plaintiffs. Plaintiffs timely filed this appeal.

Where, as here, there are no genuine issues of material fact, summary judgment is a proper method of disposing of a cause. (Puttman v. May Excavating Co. (1987), 118 Ill. 2d 107, 112; Monsalud v. State Farm Mutual Automobile Insurance Co. (1991), 210 Ill. App. 3d 102, 106.) However, summary judgment is a drastic remedy and should be allowed only when the moving party has a clear and certain right to judgment as a matter of law. (Makowski v. City of Naperville (1993), 249 Ill. App. 3d 110, 119; Quinton v. Kuffer (1991), 221 Ill. App. 3d 466, 470.) With these principles in mind, we turn to the parties’ arguments.

We note initially that section 143a — 2(4) of the Illinois Insurance Code (Code) states:

"The limits of liability for an insurer providing under insured motorist coverage shall be the limits of such coverage, less those amounts actually recovered under the applicable bodily injury insurance policies, bonds or other security maintained on the under-insured motor vehicle.” (Ill. Rev. Stat. 1989, ch. 73, par. 755a—2(3) (now codified, as amended, at 215 ILCS 5/143a—2(4) (West 1992)).)

State Farm Fire invokes this provision as authority for its contention that it is liable only for the difference between its stated $100,000 limit per person and the $20,000 Charles and Helen recovered from Allstate. Plaintiffs do not dispute the general proposition that an insurer’s liability for underinsured motor vehicle coverage may be reduced based on the amount the insured receives under a policy on the underinsured vehicle. Rather, plaintiffs focus on the "actually recovered” language in the Code and maintain that Charles himself received only $10,000 from Allstate. They urge that State Farm Fire was entitled to set off only that $10,000 since that is all Charles actually recovered.

Similarly, plaintiffs rely on language found in an endorsement to their policy and in a notice calling policyholders’ attention to the changes effected by the endorsement. The endorsement created a new "Limits of Liability” provision which addressed underinsured motor vehicle coverage as "Coverage W.” Section 4a under "Coverage W” in the endorsement states:

"4. The most we will pay any one insured is the lesser of:
a. the difference between the 'each person’ limit of this coverage and the amount paid to the insured by or for any person or organization who is or may be held legally liable for the bodily injury caused by an underinsured motor vehicle.”

The notice to policyholders explains:

"The 'Limits of Liability’ provision regarding Underinsured Motor Vehicle — Coverage W has been clarified. When determining limits of liability under Coverage W, we take into consideration those amounts paid to the insured on behalf of the one legally liable for the bodily injury caused by an underinsured motor vehicle.”

Plaintiffs focus on the phrases "one insured” (emphasis added) and "paid to the insured” (emphasis added) as found in the endorsement and notice. They assert that the words "one” and "the” refer only to Charles and that Charles himself was paid only $10,000 by Allstate. Again, plaintiffs conclude that State Farm Fire should have set off only $10,000 since that is all that was actually paid to Charles. Plaintiffs steadfastly maintain that the policy contains no language which allows State Farm Fire to reduce Charles’ benefits by the amount Allstate paid to Helen for her loss of consortium claim. This argument cannot be sustained.

Where the facts are not contested, the construction of an insurance policy is a question of law, and a reviewing court may examine such a policy de novo. (Monsalud v. State Farm Mutual Automobile Insurance Co. (1991), 210 Ill. App. 3d 102, 106; Butler v. Economy Fire & Casualty Co. (1990), 199 Ill. App. 3d 1015, 1021.) As a general rule, when construing an insurance policy, the rules of contract construction are applicable. (Jensen v. USAA Property & Casualty Insurance Co. (1993), 246 Ill. App. 3d 66, 71.) All parts of an insurance contract must be considered together in order to discern the meaning and intent of the parties. (Grevas v. United States Fidelity & Guaranty Co. (1992), 152 Ill. 2d 407, 410.) Upon application of these rules we find little support for plaintiffs’ position.

It is readily apparent from the language of the policy itself that the underinsured motor vehicle coverage in the State Farm Fire policy provided benefits for bodily injury sustained by an insured. Plaintiffs do not contend otherwise.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kissinger v. Am. Family Mut. Ins. Co.
563 S.W.3d 765 (Missouri Court of Appeals, 2018)
Abrams v. City of Chicago
788 N.E.2d 197 (Appellate Court of Illinois, 2003)
Fidelity & Casualty Co. v. Merridew
Appellate Court of Illinois, 2001
Smith v. Allstate Insurance Co.
Appellate Court of Illinois, 2000
Smith v. Allstate Insurance
726 N.E.2d 1 (Appellate Court of Illinois, 2000)
Indiana Insurance Co. v. Liaskos
Appellate Court of Illinois, 1998
Indiana Insurance v. Liaskos
697 N.E.2d 398 (Appellate Court of Illinois, 1998)
Berutti v. State Farm Mutual Automobile Insurance
682 N.E.2d 216 (Appellate Court of Illinois, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
636 N.E.2d 1016, 263 Ill. App. 3d 846, 201 Ill. Dec. 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gober-v-state-farm-mutual-automobile-insurance-illappct-1994.