Great-West Life Assurance Co. v. General Accident Fire & Life Assurance Corp.

452 N.E.2d 550, 116 Ill. App. 3d 921, 72 Ill. Dec. 297, 1983 Ill. App. LEXIS 2120
CourtAppellate Court of Illinois
DecidedJune 9, 1983
Docket81-2777
StatusPublished
Cited by15 cases

This text of 452 N.E.2d 550 (Great-West Life Assurance Co. v. General Accident Fire & Life Assurance Corp.) 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
Great-West Life Assurance Co. v. General Accident Fire & Life Assurance Corp., 452 N.E.2d 550, 116 Ill. App. 3d 921, 72 Ill. Dec. 297, 1983 Ill. App. LEXIS 2120 (Ill. Ct. App. 1983).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Plaintiff, the Great-West Life Assurance Company (Great-West), appeals from the order of the trial court denying its motion for summary judgment and granting the cross-motion for summary judgment filed by defendant, General Accident Fire and Life Assurance Company, Ltd. (General Accident). In addition, both parties appeal the entry of judgment in favor of Great-West in the amount of $15,418.66.

The sole issue presented for review is whether the trial court was correct in its determination of the limit of liability imposed by an endorsement to a contract of insurance between the parties. The trial court’s decisions on the motions for summary judgment and the amount of the judgment as entered were each a direct result of that initial determination of the limit of liability.

We affirm the decision of the trial court.

Facts

On July 15, 1978, General Accident issued to Great-West an all-risks policy providing insurance coverage for Great-West’s property at several locations and assessing an annual premium of $104,250. The policy contained the following pertinent terms and provisions:

“IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN OR ADDED HERETO AND OF the premium above specified, this Company *** at location of property involved, to an amount not exceeding the amount(s) above specified [$2,500,000], does insure the insured named above *** to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss *** nor in any event for more than the interest of the insured, against all DIRECT LOSS BY FIRE ***.
* * *
3. LIMIT OF LIABILITY
Except as otherwise specified herein or by endorsement hereto, this Company shall not be liable for more than the following limits for any one loss ***: $2,500,000 as respects the perils of * * *
4. DEDUCTIBLE
a. All losses, damages or expenses arising out of any one disaster or casualty shall be adjusted as one loss, and from the amount of such adjusted loss shall be deducted the sum of $25,000.
* * *
7. PROPERTY COVERED a. Real Property
Except as hereinafter excluded, this policy covers:
(1) The interest of the Assured in all real property owned, used, or intended for use by the Assured *** or hereafter erected, or acquired ***.
(2) The interest of the Assured in the real property of others in the Assured’s care, custody or control, and the Assured’s liability imposed by law or assumed by contract, whether written or oral, for such property.
Ill
II. VALUATION
(a) Real Property. In case of loss the basis of adjustment unless otherwise endorsed herein shall be on a replacement cost basis if repaired or replaced at the same or another site, otherwise actual cash value.”

In addition to its property interests specifically covered by the all-risks policy, Great-West also was mortgagee of a building located at 213-31 Institute Place in Chicago, Illinois. The trust deed securing the promissory note held by Great-West provided that the company was entitled to make expenditures or take other action necessary to protect the premises:

“All moneys paid for any purposes herein authorized and all expenses paid or incurred in connection therewith ***, and any other moneys advanced by Trustee or the holders of the note to protect the mortgaged premises and the lien hereof *** shall be so much additional indebtedness secured hereby and shall become immediately due and payable without notice and with interest thereon ***.”

On January 5, 1977, Great-West filed a complaint in the chancery division of the circuit court of Cook County to foreclose on the trust deed, the remaining principal indebtedness on the note at that time being $198,447.59. However, the decree of foreclosure was not entered until February 22, 1979, at which time the decree established the total unpaid principal, accrued interest, fees, miscellaneous expenses, and attorney fees to be $261,870.55.

On February 5, 1979, an endorsement was added to the all-risks policy:

“It is hereby understood and agreed that in consideration of an additional premium of $171, the following location is added with Great-West Life Assurance Company as mortgagee AIMA [as interest may appear]:
213-231 Institute Place Chicago, Illinois $400,000 — On Building
Valuation on this location is to be on an actual cash value basis.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.”

The decree of foreclosure, entered on February 22, 1979, found that the mortgagor had waived his equity of redemption, and the mortgagee, Great-West, had acquired rights in the property superior to all others except judgment creditors. Then, on March 22, 1979, one month after the entry of the foreclosure decree but before the foreclosure sale, fire caused extensive damage to the building. By the time the sheriff’s deed was issued on April 28, 1979, following the foreclosure sale, Great-West had spent $12,373.55 to protect and maintain the premises. Also, Great-West spent $325,716.65 to reconstruct the building after the fire.

At the public sale of the fire-damaged property, which took place on April 19, 1979, Great-West successfully bid in the property for $247,742.51. On April 25, four days after the purchase, another endorsement to the all-risks policy was executed, amending the statement of Great-West’s interest in the Institute Place property from that of mortgagee to sole owner. The sheriff’s report of sale and distribution, filed on April 26, 1979, found that after subtracting the amount bid by Great-West from the total amount of the foreclosure decree, including interest and other miscellaneous expenses properly included, Great-West was still owed $28,045.11, a deficiency covered by the insurance policy. Accordingly, General Accident tendered to Great-West a check for $3,045.11, representing the net amount of the deficiency minus the $25,000 deductible.

Great-West, maintaining that General Accident had arbitrarily rewritten the terms of the policy, filed a complaint for a declaratory judgment to establish the amount of insurance proceeds due from General Accident under the all-risks policy.

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Bluebook (online)
452 N.E.2d 550, 116 Ill. App. 3d 921, 72 Ill. Dec. 297, 1983 Ill. App. LEXIS 2120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/great-west-life-assurance-co-v-general-accident-fire-life-assurance-illappct-1983.