Progressive Premier Insurance v. Kocher

932 N.E.2d 1094, 402 Ill. App. 3d 756, 342 Ill. Dec. 633, 2010 Ill. App. LEXIS 710
CourtAppellate Court of Illinois
DecidedJuly 13, 2010
Docket5-07-0468
StatusPublished
Cited by12 cases

This text of 932 N.E.2d 1094 (Progressive Premier Insurance v. Kocher) 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
Progressive Premier Insurance v. Kocher, 932 N.E.2d 1094, 402 Ill. App. 3d 756, 342 Ill. Dec. 633, 2010 Ill. App. LEXIS 710 (Ill. Ct. App. 2010).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

This appeal requires us to construe a limitation-of-liability provision in a vehicle insurance policy and to determine the effect of that provision where two of the three vehicles covered under the policy crashed into each other. The plaintiff, Progressive Premier Insurance Company of Illinois (Progressive), appeals an order of the trial court finding in favor of the defendant, Luke Kocher, in a declaratory judgment action in which Progressive sought a ruling declaring that Luke’s recovery was limited to the bodily injury liability limits for only one of the vehicles. We affirm.

This case involves an accident that occurred when Luke Kocher was riding as a passenger on an all-terrain vehicle (ATVj driven by his father, Timothy Kocher. Luke’s brother, Nick Kocher, was driving a motorcycle. The motorcycle and the ATV collided. As a result, Luke suffered head injuries requiring five days of initial hospitalization and three surgeries.

At the time of the accident, both vehicles were covered under an insurance policy issued by Progressive to Timothy and Paula Kocher. The policy also covered a third vehicle, another motorcycle. Under a section entitled “Limits of Liability,” the policy provides as follows:

“The limit of liability shown on the Declarations Page is the most we will pay regardless of the number of:

1. claims made;

2. covered vehicles;

3. trailers shown on the Declarations Page;

4. insured persons;

5. lawsuits brought;

6. vehicles involved in an accident; or

7. premiums paid.”

The declarations page itself states, “The policy limits shown for a vehicle may not be combined with the limits for the same coverage on another vehicle.”

The policy limits appear on the declarations page in an “Outline of coverage,” which consists of four sections. The first section is titled “General policy coverage.” The other three sections pertain to each of the covered vehicles. Each section is laid out as a chart with four columns. The four columns are essentially the same in each section of the outline of coverage — they show, respectively, the types of coverage provided and the limits, deductibles, and premiums for each. The outline of coverage is laid out as follows:

“General policy coverage
Uninsured/Underinsured Motorist Bodily Injury
Total general policy coverage
2002 Yamaha YFM660FWA
Liability to Others (with guest passenger)
Bodily Injury Liability
Property Damage Liability
Medical Payments
Comprehensive
Collision
Custom Parts or Equipment
Total premium for 2002 Yamaha
1995 Yamaha (ALL MODEL)
Liability to Others (with guest passenger)
Bodily Injury Liability
Property Damage Liability
Medical Payments
Comprehensive
Collision
Custom Parts or Equipment
Total premium for 1995 Yamaha
2001 Honda TRX250EX
Liability to Others (with guest passenger)
Bodily Injury Liability
Property Damage Liability
Medical Payments
Comprehensive
Collision
Custom Parts or Equipment
Total premium for 2001 Honda
Total 12 month policy premium
Limits Deductible Premium
$100,000 each person/ $300,000 each accident $15
$15
Limits Deductible Premium
$18
$100,000 each person/ $300,000 each accident
$50,000 each accident
$1,000 each person 6
$100 17
$250 19
$1,000 with Comprehensive included or Collision
$60
Limits Deductible Premium
$54
$100,000 each person/ $300,000 each accident
$50,000 each accident
$1,000 each person 8
$100 5
$250 8
$1,000 with Comprehensive included or Collision
$75
Limits Deductible Premium
$49
$100,000 each person/ $300,000 each accident
$50,000 each accident
$1,000 each person 6
$100 10
$250 10
$1,000 with Comprehensive included or Collision
$75
$225”

After Paula Kocher filed a petition for authority to settle a minor’s personal injury claim, Progressive filed the declaratory judgment complaint that forms the basis of this appeal. The complaint sought a declaration ruling that its liability was limited to $100,000, the policy limits provided for bodily injury liability for a single vehicle. Each party filed a motion for a summary judgment. The court ruled from the bench at the end of a hearing on the motions.

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Cite This Page — Counsel Stack

Bluebook (online)
932 N.E.2d 1094, 402 Ill. App. 3d 756, 342 Ill. Dec. 633, 2010 Ill. App. LEXIS 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/progressive-premier-insurance-v-kocher-illappct-2010.