Pelini v. Metropolitan Insurance

592 N.E.2d 505, 228 Ill. App. 3d 93
CourtAppellate Court of Illinois
DecidedMarch 31, 1992
DocketNo. 1—90—3087
StatusPublished

This text of 592 N.E.2d 505 (Pelini v. Metropolitan 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
Pelini v. Metropolitan Insurance, 592 N.E.2d 505, 228 Ill. App. 3d 93 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

In a declaratory judgment action brought for reformation of an automobile insurance policy, the circuit court found the issues in favor of plaintiffs, Charles Pelini and Richard Postin, and against defendant, Metropolitan Insurance Company (Metropolitan), from which Metropolitan appeals. The questions raised on review are whether (1) after July 1, 1983, in renewed policies, the Illinois Insurance Code (Code) (Ill. Rev. Stat. 1987, ch. 73, par. 613 et seq.) required offers of underinsured motorist insurance equal to bodily injury liability limits when the limits purchased by the insured exceeded the statutory minimum for uninsured motorist coverage; (2) evidence of Metropolitan’s alleged offers was erroneously excluded; and (3) reformation of the subject policy was the proper remedy.

On October 14, 1988, plaintiffs were involved in an automobile accident and sustained injuries in excess of the at-fault driver’s liability insurance, which had limits of $50,000 per person and $100,000 per accident bodily injury coverage. Plaintiff Pelini was permissively driving his parents’ automobile, insured by Metropolitan, at the time of the accident. Plaintiffs’ amended complaint contained a count seeking a declaratory judgment against Metropolitan, based upon the Pelinis’ insurance policy. Plaintiffs asserted that the named insureds never received from Metropolitan an offer to provide underinsured motorist coverage equal to the policy’s bodily injury liability limits, which were $100,000 per person and $300,000 per occurrence, and that such an offer was required by the Code after July 1, 1983. (Ill. Rev. Stat. 1987, ch. 73, par. 755a — -2.) The policy at issue had been renewed several times and again on September 7, 1988, about one month prior to the accident. It was effective until March 8, 1989. After unsuccessful attempts to dismiss the complaint, Metropolitan answered the allegations set forth, claiming no knowledge of whether the named insured received any offers described and demanded strict proof thereof. Metropolitan also denied the allegation that it was required by law to make such offers.

Guido and Shirley Pelini, the named insureds, testified at trial. Shirley asserted she never knew about the underinsurance coverage limits until plaintiffs’ lawyer contacted her after the accident. Guido claimed he never opened mail or read any letters addressed to him, except for social correspondence. He knew nothing about insurance matters. Shirley testified that she purchased the auto insurance, but never received any documents from Metropolitan explaining the coverage or coverage limits to which she was entitled.

Metropolitan attempted to present certain exhibits as evidence of the insured being offered underinsured insurance coverage through the mail. Judy Knight, employed by Metropolitan in various managerial capacities since 1978, and its regional service manager at the time of trial, testified that she was responsible for overseeing new business processing, accounting, files, premium processing, the computer room and output handling. She was familiar with those procedures while employed as Metropolitan’s customer service supervisor, her previous position. She was versed in the procedures for renewing policies in the State of Illinois, as well as 36 other States. This unit was required to make certain that the mailings complied with various States’ requirements.

She was familiar with Metropolitan’s exhibit 1 for identification, a coverage election/rejection form for uninsured motorists insurance in Illinois. Metropolitan exhibit 2 for identification contained instructions to Metropolitan employees as to what documents were to be included in each mailing. Exhibit 1 for identification was sent by regular mail, in the tens of thousands. Undeliverable mail was returned to the customer service unit. Efforts are made to update the addresses, and the documents are remailed.

Knight was also familiar with Metropolitan’s exhibits 3, 4, 5, and 6 for identification. Exhibit 3 was a microfiche record of precontinuation letters dated December 31, 1987, which explained coverage changes, and were sent to all Metropolitan’s insureds. Metropolitan’s exhibit 4 was an uninsured motorist election/rejection form advising the insured of coverages he currently has and changes proposed, as well as options for increased coverages and their costs. Metropolitan’s exhibit 5 was an explanation of coverages and their availability, which was mailed with exhibit 4. Exhibit 6 was a certificate of mailing, listing the names of insureds to whom the forms allegedly were mailed on January 4, 1988. The Pelinis’ name was on the exhibit 6 list. Knight testified that these documents were made and kept in the ordinary course of business. She had no personal knowledge of the mailings.

The circuit court denied admission in evidence of exhibits 3, 5 and 6 for identification, based upon hearsay objections and the lack of foundation to establish the business records exception to the rule. Metropolitan’s counsel made an offer of proof as to these exhibits, in which she allegedly would have shown through the exhibits that Metropolitan did mail offers of uninsured/underinsured motorist insurance options and explanations of them to their insureds. Metropolitan did not offer exhibit 4 into evidence.

The circuit court found there was no evidence put forth as to an offer of underinsured motorist insurance; such an offer was required by law; and, therefore, the court reformed the policy to include underinsured motorist insurance up to the existing policy bodily injury liability limits of $100,000 per person and $300,000 per accident. Metropolitan appeals.

Metropolitan identifies error in the circuit court’s construction of section 143a — 2 of the Code (Ill. Rev. Stat. 1987, ch. 73, par. 755a — 2) (section 143a — 2) as requiring a pre-July 1988 statutorily mandated offer to the insured of underinsured motorist insurance in a post-July 1983 renewal policy. It maintains that the law requires only inclusion of underinsured motorist insurance in such policies, not an additional offer.

The Code, as amended in 1982 and applicable to the instant case, links underinsurance coverage to uninsurance coverage and sets forth several provisions and operative periods within which an insurer is required to pursue certain procedures. Until July 1, 1983, an insurance company must offer underinsured motorists coverage in every policy renewed or delivered in Illinois (Ill. Rev. Stat. 1987, ch. 73, par. 755a — 2(3)). On and after July 1, 1983, the Code requires that underinsured motorist coverage be included in all policies “in an amount at least equal to the total amount of the uninsured motorist coverage provided in that policy where such uninsured motorist coverage exceeds the limits set forth in Section 7 — 203 of the Illinois Vehicle Code [(Ill. Rev. Stat. 1987, ch. 951/2, par. 7 — 203)] [(section 7 — 203)].” (Emphasis added.) (Ill. Rev. Stat. 1987, ch. 73, par. 755a — 2(5).) The statutory minimum coverage set forth in section 7 — 203 was $20,000 per person and $40,000 per accident at the time pertinent here. The Pelinis’ policy contained uninsured motorist coverage of $25,000 per person and $50,000 per accident, thus in excess of the statutory minimum.

The Pelinis’ insurance policy had been written first in 1979 and renewed from time to time until the last renewal before the instant accident.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 505, 228 Ill. App. 3d 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pelini-v-metropolitan-insurance-illappct-1992.