Johnson v. Harris

871 N.E.2d 203, 374 Ill. App. 3d 473
CourtAppellate Court of Illinois
DecidedJune 15, 2007
Docket3-06-0504 Rel
StatusPublished

This text of 871 N.E.2d 203 (Johnson v. Harris) 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
Johnson v. Harris, 871 N.E.2d 203, 374 Ill. App. 3d 473 (Ill. Ct. App. 2007).

Opinions

JUSTICE O’BRIEN

delivered the opinion of the court:

Plaintiff Willie Johnson was injured by an automobile that was kept on blocks in the garage of defendant Sammie Harris. This particular dispute involves whether the trial court erred in granting summary judgment to Harris’s homeowner’s insurance company, defendant Travelers Property Casualty Insurance Company of Illinois, finding it had no duty to defend or indemnify Harris with respect to the underlying injury suit filed by Johnson. We reverse the trial court.

FACTS

Plaintiff Willie Johnson filed a complaint against defendant Sammie Harris, alleging that while Johnson was a pedestrian in a garage, he had been injured by an automobile in the garage that was driven by Harris. Johnson alleged, in part, that Harris had operated the motor vehicle in a negligent manner in the confined space of the garage. Harris filed a declaratory judgment action against his homeowner’s insurance policy carrier, defendant Travelers Property Casualty Insurance Company of Illinois. Travelers had declined coverage under Harris’s homeowner’s policy, asserting the policy did not cover injuries arising out of the ownership, maintenance or use of a motor vehicle. Under “Exclusions,” the policy issued by Travelers to Harris states, in part:

“Medical Payments to Others do not apply to bodily injury or property damage: *** arising out of: (1) the ownership, maintenance, use, loading or unloading of motor vehicles.”

The policy further states, in part:

“This exclusion does not apply to *** (4) a vehicle or conveyance not subject to motor vehicle registration which is: *** (c) in dead storage on an insured location.” (Emphasis in original.)

In response to Harris’s declaratory judgment action, Travelers filed an answer and countercomplaint, requesting the trial court find it had no duty to defend or indemnify Harris with respect to the underlying complaint filed by Johnson. Travelers also filed a motion for judgment on the pleadings (735 ILCS 5/2 — 615(e) (West 2002)), which the trial court stayed.

Johnson filed an amended complaint in the underlying action. Without incorporating the allegations of his first pleading, Johnson alleged in the amended complaint that Harris was the owner of an automobile that was purchased at least five years before the occurrence and that the automobile had been towed on a flatbed to Harris’s garage where it remained in “dead storage.” Johnson further alleged he was injured while standing in the garage when Harris, among other “careless and negligent acts or omissions”:

“Improperly used the garage to attempt repair on the automobile and test repairs on said automobiles [sic] without ensuring that the garage was safe for such activities, *** [p]laced the vehicle on blocks which failed to secure the vehicle in dead storage, [flailed to provide a mechanical lift for the dead storage of the vehicle so that it would remain stationary, [and] [flailed to properly secure the vehicle in dead storage.”

Johnson alleged he was injured when he was struck by the vehicle. Harris filed an amended declaratory judgment complaint and Travelers amended its answer and countercomplaint. Travelers also filed a motion for summary judgment. The trial court granted Travelers’ summary judgment motion and Harris follows with this appeal.

ANALYSIS

The issue on appeal is whether the trial court erred in granting Travelers summary judgment, in effect finding no genuine issue of material fact with respect to whether the automobile that injured Johnson was at the time of the occurrence in “dead storage.” When ruling on a motion for summary judgment, we construe all evidence in a light most favorable to the nonmoving party. Connecticut Specialty Insurance Co. v. Loop Paper Recycling, Inc., 356 Ill. App. 3d 67, 72, 824 N.E.2d 1125, 1130 (2005). “Summary judgment is appropriate when the pleadings, depositions, admissions and affidavits reveal there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Connecticut Specialty, 356 Ill. App. 3d at 71-72, 824 N.E.2d at 1129. We review a trial court’s summary judgment ruling de novo. Connecticut Specialty, 356 Ill. App. 3d at 72, 824 N.E.2d at 1130.

“In determining whether an insurer owes a duty to an insured to defend an action brought against [the] insured, the court must consider only the allegations in the underlying complaint and the relevant policy provisions.” Connecticut Specialty, 356 Ill. App. 3d at 72, 824 N.E.2d at 1130. “If [a] court determines the allegations of the underlying complaint fall within, or potentially within, coverage under the policy, the insurer has a duty to defend the insured against the complaint.” Connecticut Specialty, 356 Ill. App. 3d at 72, 824 N.E.2d at1130. Insurance policies are to be liberally construed in favor of coverage, and the insurer bears the burden of establishing that a claim falls within a provision that limits or excludes coverage. Connecticut Specialty, 356 Ill. App. 3d at 72, 824 N.E.2d at 1130.

This court has previously construed the meaning of the term “dead storage” as it applies to insurance policies. Standard Mutual Insurance Co. v. Marx, 367 Ill. App. 3d 512, 854 N.E.2d 710 (2006). In Marx, the insured stored four motorcycles in two storage facilities. Marx, 367 Ill. App. 3d at 513, 854 N.E.2d at 712. Marx occasionally operated the three unlicensed motorcycles in the parking lot of the facility. Marx, 367 Ill. App. 3d at 513, 854 N.E.2d at 712. On the date of the occurrence, Marx attempted to start one of the three vehicles — he had last ridden it a month earlier — by using the foot pedal to prime the cycle and pushing the electric start button. Marx, 367 Ill. App. 3d at 513, 854 N.E.2d at 712. There was an explosion; Marx was thrown from the motorcycle and a fire erupted, causing damage to Marx’s belongings and the storage facility. Marx, 367 Ill. App. 3d at 513, 854 N.E.2d at 712.

In a ruling upholding the trial court’s grant of summary judgment to the insurer, this court found there was no ambiguity in the term “dead storage” as applied to the facts at hand in Marx. Marx, 367 Ill. App. 3d at 516, 854 N.E.2d at 714. We concluded a vehicle periodically driven by its owner, even briefly on private property, is not in dead storage, and an accident caused by an attempt to start that vehicle is not the type of risk contemplated by the parties to a homeowner’s policy. Marx, 367 Ill. App. 3d at 516, 854 N.E.2d at 714. In so finding, this court recognized that “ ‘[t]he “dead” in “dead storage” suggests, at the least, that the engine would not be running.’ ” Marx, 367 Ill. App. 3d at 515, 854 N.E.2d at 714, quoting American Family Mutual Insurance Co. v. Van Gerpen, 151 F.3d 886, 888 (8th Cir. 1998). We also stated our agreement with the North Star Mutual Insurance Co. v.

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Standard Mutual Insurance v. Marx
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Connecticut Specialty Insurance v. Loop Paper Recycling, Inc.
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Bluebook (online)
871 N.E.2d 203, 374 Ill. App. 3d 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-harris-illappct-2007.