Hall v. General Cas. Co. of Illinois

766 N.E.2d 680, 328 Ill. App. 3d 655, 262 Ill. Dec. 760
CourtAppellate Court of Illinois
DecidedMarch 26, 2002
Docket5-01-0412
StatusPublished
Cited by14 cases

This text of 766 N.E.2d 680 (Hall v. General Cas. Co. of Illinois) 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
Hall v. General Cas. Co. of Illinois, 766 N.E.2d 680, 328 Ill. App. 3d 655, 262 Ill. Dec. 760 (Ill. Ct. App. 2002).

Opinion

JUSTICE WELCH

delivered the opinion of the court:

We visit once again the question of the enforceability of a provision in an insurance policy that purports to prohibit the aggregation or stacking of liability coverage limits for two separate vehicles insured under the same policy. Under the facts of this case, we find that the insurance policy is ambiguous as to this question and that the antis-tacking provision is therefore unenforceable.

This case comes before us on appeal from a summary judgment entered by the circuit court of Saline County on May 17, 2001, in a declaratory judgment action brought by Jesse Hall, Angel Hall, and Austin Hall, a minor, by Jesse Hall, his father and next friend (plaintiffs), against General Casualty Company of Illinois (General Casualty). Plaintiffs had been injured when the vehicle in which they were riding was hit by a vehicle driven by Paul Davis, the insured under an automobile insurance policy issued by General Casualty. Also injured in the same accident were Robert W. Smith and James M. Smith, occupants of a third vehicle involved in the crash. Davis and the Smiths were joined as defendants in the declaratory judgment action.

The insurance policy in question is a personal automobile policy issued by General Casualty to Davis and his wife. It insures two vehicles: a 1996 Mercury and a 1994 Chevrolet. The Chevrolet was involved in the accident in which plaintiffs were injured. The declarations page of the insurance policy is set forth as follows:

“Coverage Information INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN

Coverage Limit of Liability Premium

Unit 1 Unit 2

A SPLIT LIMIT LIABILITY $250,000 EA PERSON

BODILY INJURY $500,000 EA ACCIDENT 145.00 95.00

A PROPERTY DAMAGE $100,000 EA ACCIDENT 85.00 56.00

B MEDICAL PAYMENTS' $ 5,000 EA PERSON 14.00 13.00

C UNINSURED MOTORIST $ 20,000 EA PERSON

BODILY INJURY $ 40,000 EA ACCIDENT 9.00 9.00

D OTHER THAN COLLISION

ACTUAL CASH VALUE 84.00 56.00

D COLLISION ACTUAL CASH VALUE

LESS $500 DEDUCTIBLE 120.00 75.00

D TOWING AND LABOR $50 EA DISABLEMENT 5.00 5.00

TOTAL PREMIUM BY UNIT 462.00 309.00."

The insurance policy also contains an antistacking clause that provides as follows:

“LIMIT OF LIABILITY
* * *
Split Limit Liability. If Split Limit Liability is provided in the Declarations:
The limit of liability shown in the Declarations for ‘each person’ for Bodily Injury Liability is our maximum limit of liability for all damages *** arising out of ‘bodily injury’ sustained by any one person in any one auto accident. Subject to this limit for ‘each person,’ the limit of liability shown in the Declarations for ‘each accident’ for Bodily Injury Liability is our maximum limit of liability for all damages for bodily injury resulting from any one auto accident. The limit of liability shown in the Declarations for ‘each accident’ for property damage liability is our maximum limit of liability for all damages to all property resulting from any one auto accident.
This is the most we will pay regardless of the number of ‘insureds,’ claims made, vehicles or premiums shown in the Declarations, or vehicles involved in the auto accident.”

Plaintiffs argue that the insurance policy is ambiguous with respect to stacking because the declarations page states, “Insurance is provided where a premium is shown.” Because a premium is shown for both vehicles, plaintiffs argue that the policy could reasonably be construed to provide the $500,000 limit of liability per accident twice, once for each vehicle, despite what they concede is the unambiguous language of the antistacking provision. General Casualty argues that the anti-stacking provision is unambiguous and limits its maximum liability to $500,000 regardless of the number of vehicles or premiums shown in the declarations. General Casualty argues that the phrase “Insurance is provided where a premium is shown” does not refer to the extent of coverage but refers only to its existence for that particular vehicle. The circuit court agreed with plaintiffs, as do we, and it entered a summary judgment for plaintiffs. The judgment declared that the insurance policy provides liability coverage in the amount of $500,000 per person and $1 million per accident. General Casualty appeals.

The parties agree that the question before the trial court, which involves the construction of an insurance policy, presents only a question of law and was appropriate for a summary judgment. See Pekin Insurance Co. v. Estate of Goben, 303 Ill. App. 3d 639, 642 (1999). We review the trial court’s judgment de novo. American States Insurance Co. v. Koloms, 177 Ill. 2d 473, 479-80 (1997).

The Illinois Supreme Court has held that antistacking provisions will be enforced as written if the provision is unambiguous and does not violate public policy. See Grzeszczak v. Illinois Farmers Insurance Co., 168 Ill. 2d 216, 223 (1995). The parties make no argument that the antistacking provision in the case at bar is violative of public policy. Accordingly, we turn to the question of whether it is ambiguous.

If a clause is unambiguous, there is no need for construction and it must be enforced according to its terms. Grzeszczak, 168 Ill. 2d at 223-24. However, if a clause is ambiguous, it must be construed in favor of the insured. Grzeszczak, 168 Ill. 2d at 223. The touchstone in determining whether ambiguity exists is whether the relevant portion is subject to more than one reasonable interpretation, not whether creative possibilities can be suggested. Bruder v. Country Mutual Insurance Co., 156 Ill. 2d 179, 193 (1993). We ask, then, whether the insurance policy in the case at bar is subject to more than one reasonable interpretation with respect to the stacking of policy limits for multiple vehicles insured under the policy.

In Yates v. Farmers Automobile Insurance Ass’n, 311 Ill. App. 3d 797 (2000), this court found that, despite the clear wording of an anti-stacking clause similar to the one in the case at bar, policy limits for multiple vehicles could be stacked where the declarations page contained the statement, “ ‘Coverage is provided where a premium and a limit of liability or the word “included” are shown for coverage.’ ” Yates, 311 Ill. App. 3d at 800. The declarations page showed a premium and a limit of liability for both vehicles insured by the policy. We held that the policy contained provisions that were ambiguous and contradictory:

“In one part of the insurance policy, there is a provision claimed to be an antistacking provision. On the declarations page, the policy states that coverage is provided where a premium and a limit of liability are shown.

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

Related

Kuhn v. Owners Insurance Co.
2024 IL 129895 (Illinois Supreme Court, 2024)
Hobbs v. Hartford Ins. Co. of the Midwest
823 N.E.2d 561 (Illinois Supreme Court, 2005)
Hobbs v. Hartford Insurance Co.
Illinois Supreme Court, 2005
Prudential Property & Casualty Insurance v. Kelly
817 N.E.2d 1226 (Appellate Court of Illinois, 2004)
Young v. Allstate Insurance Co.
Appellate Court of Illinois, 2004
Young v. Allstate Insurance
812 N.E.2d 741 (Appellate Court of Illinois, 2004)
Striplin v. Allstate Insurance
807 N.E.2d 1255 (Appellate Court of Illinois, 2004)
Grinnell Select Insurance Company v. Martha Baker
362 F.3d 1005 (Seventh Circuit, 2004)
Fuller v. American Standard Insurance
802 N.E.2d 821 (Appellate Court of Illinois, 2003)
Slack v. Robinson
2003 NMCA 083 (New Mexico Court of Appeals, 2003)
Maka v. Illinois Farmers Insurance Co.
772 N.E.2d 895 (Appellate Court of Illinois, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
766 N.E.2d 680, 328 Ill. App. 3d 655, 262 Ill. Dec. 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-general-cas-co-of-illinois-illappct-2002.