Nicholson v. State Farm Mutual Automobile Insurance

949 N.E.2d 666, 409 Ill. App. 3d 282, 350 Ill. Dec. 874, 2010 Ill. App. LEXIS 232
CourtAppellate Court of Illinois
DecidedMarch 23, 2010
Docket2-08-0639
StatusPublished
Cited by3 cases

This text of 949 N.E.2d 666 (Nicholson 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
Nicholson v. State Farm Mutual Automobile Insurance, 949 N.E.2d 666, 409 Ill. App. 3d 282, 350 Ill. Dec. 874, 2010 Ill. App. LEXIS 232 (Ill. Ct. App. 2010).

Opinion

JUSTICE SCHOSTOK

delivered the opinion of the court:

In this case arising from an automobile accident, the parties dispute the nature of the obligation imposed on the defendant, State Farm Mutual Automobile Insurance Company (State Farm), pursuant to section 143a — 2 of the Illinois Insurance Code (Code) (215 ILCS 5/143a—2 (West 1998)), to offer its insureds an opportunity to elect higher limits for uninsured motorist coverage. The parties filed cross-motions for summary judgment on this issue, and the trial court entered judgment in favor of the plaintiff, Cynthia Nicholson, as executor of the estate of Hildegard Janota. The defendant appealed. We affirm.

BACKGROUND

Hildegard and Jan Janota first took out a policy with the defendant on March 17, 1988. The vehicle insured was a 1988 Oldsmobile, and the policy provided for bodily injury liability (liability) coverage with limits of $100,000 per person and uninsured motorist (UM) coverage with limits of $50,000 per person. At the same time, Jan Janota signed a coverage selection form containing a brief explanation of UM and underinsured motorist coverage and stating that the Janotas had been provided with the opportunity to purchase UM coverage in an amount equal to their liability coverage but that they instead had selected coverage with limits of $50,000 per person. In 1997, the Janotas changed the car insured to a 1997 Oldsmobile. The policy was renewed each year with no other changes until 1999.

On September 14, 1999, the Janotas requested an increase in their coverage to $250,000 per person in liability limits and $100,000 in UM limits. The defendant’s computer system referred to this request as an “application.” As a result of the increased coverage, their six-month premiums rose from $125.40 to $146.40. The defendant subsequently requested that the Janotas sign a new coverage selection form but, for reasons unknown, the form was not signed until November 6, 1999. Nevertheless, the defendant issued the Janotas a policy in the requested coverage amounts effective September 17, 1999. On August 21, 2003, the car insured was once again changed, this time to a 2003 Buick. There were no other changes to the policy at that time.

On November 19, 2003, the Janotas were fatally injured in a motor vehicle accident involving the Buick. The plaintiff made a UM claim for $250,000. The defendant paid the plaintiff $100,000 and denied the remainder of the claim. The plaintiff subsequently filed a complaint seeking reformation of the policy to include UM limits of $250,000, based upon the defendant’s alleged failure to comply with the provisions of section 143a — 2 of the Code (215 ILCS 5/143a—2 (West 2002)), which require insurers to offer UM coverage up to the limits of liability coverage on every policy unless the insured timely rejects such equal coverage. After discovery, the parties filed cross-motions for summary judgment. On June 17, 2008, the trial court granted the plaintiffs motion for summary judgment and reformed the policy. The defendant’s motion for summary judgment was denied. The defendant filed a timely notice of appeal.

ANALYSIS

On appeal, the defendant contends that the trial court erred in granting the plaintiffs motion for summary judgment and denying its own motion for summary judgment. The defendant argues that, under the statute, “applicants” are the only persons who must be advised and make an election concerning their right to purchase UM coverage up to the limits of liability coverage. As the Janotas were already insured by the defendant at the time of their 1999 increase in coverage and premiums, the defendant argues that they were not “applicants” and it therefore had no duty to obtain a timely written rejection of UM coverage equal to their liability coverage. The plaintiff contends that the 1999 changes constituted a new policy and that the statute therefore required the defendant to obtain a written rejection of equal coverage.

Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 2006); American Family Mutual Insurance Co. v. Jeris, 376 Ill. App. 3d 1070, 1073 (2007). The grant of summary judgment, as well as the underlying issue of statutory construction, is reviewed de novo. Lee v. John Deere Insurance Co., 208 Ill. 2d 38, 43 (2003).

In Illinois, the offer of UM coverage is governed principally by section 143a — 2 of the Code, which in 1999 (when the Janotas increased their coverage) provided, in relevant part:

“(1) Additional uninsured motor vehicle coverage. No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle shall be renewed or delivered or issued for delivery in this State with respect to any motor vehicle designed for use on public highways and required to be registered in this State unless uninsured motorist coverage as required in Section 143a of this Code is included in an amount equal to the insured’s bodily injury liability limits unless specifically rejected by the insured. Each insurance company providing the coverage must provide applicants with a brief description of the coverage and advise them of their right to reject the coverage in excess of the limits set forth in Section 7 — 203 of the Illinois Vehicle Code. The provisions of this amendatory Act of 1990 apply to policies of insurance applied for after June 30, 1991.
(2) Right of rejection of additional uninsured motorist coverage. After June 30, 1991, every application for motor vehicle coverage must contain a space for indicating the rejection of additional uninsured motorist coverage. No rejection of that coverage may be effective unless the applicant signs or initials the indication of rejection. The applicant may reject additional uninsured motorist coverage in excess of the limits set forth in Section 7 — 203 of the Illinois Vehicle Code. In those cases, including policies first issued before July 1, 1991, where the insured has elected to purchase limits of uninsured motorist coverage which are less than bodily injury liability limits or to reject limits in excess of those required by law, the insurer need not provide in any renewal, reinstatement, reissuance, substitute, amended, replacement or supplementary policy, coverage in excess of that elected by the insured in connection with a policy previously issued to such insured by the same insurer unless the insured subsequently makes a written request for such coverage.” (Emphasis added.) 215 ILCS 5/143a—2 (West 1998). 1

In this case, the parties dispute whether the 1999 increase in coverage and premiums constituted a new policy involving a new “application” or was simply a “renewal” of the previous policy as those terms are used in section 143a — 2.

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Cite This Page — Counsel Stack

Bluebook (online)
949 N.E.2d 666, 409 Ill. App. 3d 282, 350 Ill. Dec. 874, 2010 Ill. App. LEXIS 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholson-v-state-farm-mutual-automobile-insurance-illappct-2010.