Robert Wehrle v. Cincinnati Insurance Company

719 F.3d 840, 2013 WL 3379345, 2013 U.S. App. LEXIS 13723
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 8, 2013
Docket12-3052
StatusPublished
Cited by89 cases

This text of 719 F.3d 840 (Robert Wehrle v. Cincinnati Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Wehrle v. Cincinnati Insurance Company, 719 F.3d 840, 2013 WL 3379345, 2013 U.S. App. LEXIS 13723 (7th Cir. 2013).

Opinion

TINDER, Circuit Judge.

When Heike Wehrle and Robert Wehrle were severely injured in an auto accident with a drunk-driver carrying minimal insurance, they contacted their own insurance company, Cincinnati Insurance Company (Cincinnati), invoking the underinsured-motorist provision of their policy. Cincinnati paid them the difference between their $1 million coverage limit (their combined injuries exceeded this amount) and the $200,000 that they had received from the at-fault driver’s insurer. The Wehrles sued, claiming that they were owed the full $1 million. The district court granted Cincinnati’s motion for summary judgment, finding that the language in their insurance policy unambiguously supported the company’s interpretation and was consistent with the gap-filling purpose of underinsured-motorist insurance. We affirm.

I. Background

While driving their sport-utility vehicle in Kane County, Illinois, in December 2010, the Wehrles were struck by drunk-driver Eric Barth. Robert Wehrle’s injury claim stemming from this accident exceeded $750,000 and Heike’s exceeded $1.5 million. Unfortunately for the Wehrles, the drunk-driver’s auto insurance policy included a $100,000 per-person liability limit. Robert and Heike each recovered this amount from Barth’s insurer.

*842 With the size of their injury claims far exceeding the limits of the drunk-driver’s insurance coverage, the Wehrles turned to their own insurer. Their policy with Cincinnati included underinsured-motorist coverage, which enables policyholders to recover up to $1 million from Cincinnati in situations like this one, where the at-fault driver’s insurance does not cover the full scope of the injuries sustained.

Despite the facts that the Wehrles’ injuries totaled $2,250,000 and that their un-derinsured-motorist coverage allowed policyholders to recover a maximum of $1 million, Cincinnati paid out $800,000. The company noted that the Wehrles’ policy included a provision that reduces its $1 million maximum payout “by all sums paid by anyone who is legally responsible,” and that the Wehrles had recovered a total of $200,000 from the drunk-driver’s insurer. Accordingly, Cincinnati concluded that it owed the Wehrles only $800,000 under the terms of its policy.

The Wehrles filed suit in federal district court to recover the $200,000 that Cincinnati offset from its $1 million coverage limit. They claimed that the $100,000 that they each received from the drunk-driver’s insurer should not be applied to the $1 million cap on their underinsured-motorist coverage, but rather should be applied to their individual claims. In other words, Robert’s $100,000 recovery from the drunk-driver’s insurer should reduce his injury claim from $750,000 to $650,000, and Heike’s $100,000 recovery should reduce her claim from $1.5 million to $1.4 million. The Wehrles contended that the $1 million cap on recoveries should be imposed after these reductions are made — contra Cincinnati’s practice of imposing the $1 million cap and then reducing it by payments paid by the at-fault driver’s insurer. Cincinnati maintained that its reduction of the $1 million cap by the total amount that the Werhles recovered from the drunk-driver’s insurer is proper under the terms of its policy and under Illinois law.

The district court, sitting in diversity, denied the Wehrles’ motion for summary judgment, granted Cincinnati’s motion for summary judgment, and entered final judgment for Cincinnati. The Wehrles appeal these rulings.

II. Analysis

We review de novo a district court’s grant of summary judgment. Lees v. Carthage Coll., 714 F.3d 516, 520 (7th Cir.2013). In reviewing a grant of summary judgment, we construe all facts in the light most favorable to the nonmov-ant — here, the Wehrles — and draw all reasonable inferences in that party’s favor. Bellaver v. Quanex Corp., 200 F.3d 485, 491 (7th Cir.2000).

A. The Insurance Policy

The parties agree that Illinois law applies to our interpretation of the underinsured-motorist provisions of the Wehrles’ insurance policy with Cincinnati. Under Illinois law, “[a]n insurance policy is a contract, and the general rules governing the interpretation of other types of contracts also govern the interpretation of insurance policies.” Hobbs v. Hartford Ins. Co. of the Midwest, 214 Ill.2d 11, 291 Ill.Dec. 269, 823 N.E.2d 561, 564 (2005). Illinois courts interpret the policy “as a whole, giving effect to every provision, if possible, because it must be assumed that every provision was intended to serve a purpose.” Cent. Ill. Light Co. v. Home Ins. Co., 213 Ill.2d 141, 290 Ill.Dec. 155, 821 N.E.2d 206, 213 (2004). Specifically, to determine whether an ambiguity exists, “[a]ll the provisions of the insurance contract, rather than an isolated part, should be read together.” U.S. Fire Ins. Co. v. Schnackenberg, 88 Ill.2d 1, 57 Ill.Dec. 840, 429 N.E.2d 1203, 1205 (1981).

*843 In determining whether a provision of an insurance policy is ambiguous, Illinois courts examine whether it “is subject to more than one reasonable interpretation, ... not whether creative possibilities can be suggested.” Bruder v. Country Mut. Ins. Co., 156 Ill.2d 179, 189 Ill.Dec. 387, 620 N.E.2d 355, 362 (1993) (internal citation omitted). “Reasonableness is the key.” Id. Thus, “[cjourts will not strain to find ambiguity in an insurance policy where none exists.” McKinney v. Allstate Ins. Co., 188 Ill.2d 493, 243 Ill.Dec. 56, 722 N.E.2d 1125, 1127 (1999).

Where an ambiguity does exist, we construe the policy strictly against the insurer. Nicor, Inc. v. Associated Elec. & Gas Ins. Servs. Ltd., 223 Ill.2d 407, 307 Ill.Dec. 626, 860 N.E.2d 280, 286 (2006). But “if the provisions of the insurance policy are clear and unambiguous there is no need for construction and the provisions will be applied as written.” Schnackenberg, 57 Ill.Dec. 840, 429 N.E.2d at 1205. Where the provisions “are clear and unambiguous, they must be given their plain, ordinary, and popular meaning, and the policy will be applied as written, unless in contravenes public policy.” Rich v. Principal Life Ins. Co., 226 Ill.2d 359, 314 Ill.Dec. 795, 875 N.E.2d 1082, 1090 (2007) (internal citation omitted).

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719 F.3d 840, 2013 WL 3379345, 2013 U.S. App. LEXIS 13723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-wehrle-v-cincinnati-insurance-company-ca7-2013.