Roser v. Anderson

584 N.E.2d 865, 222 Ill. App. 3d 1071, 165 Ill. Dec. 431, 1991 Ill. App. LEXIS 2077
CourtAppellate Court of Illinois
DecidedDecember 16, 1991
Docket2-91-0297
StatusPublished
Cited by35 cases

This text of 584 N.E.2d 865 (Roser v. Anderson) 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
Roser v. Anderson, 584 N.E.2d 865, 222 Ill. App. 3d 1071, 165 Ill. Dec. 431, 1991 Ill. App. LEXIS 2077 (Ill. Ct. App. 1991).

Opinion

JUSTICE NICKELS

delivered the opinion of the court:

Defendant Government Employees Insurance Company, Inc. (GEICO), appeals the trial court’s grant of summary judgment in favor of plaintiff, Thomas C. Roser, who was GEICO’s insured. GEICO asserts that the court erred in finding as a matter of law that section 143a — 2(2) of the Illinois Insurance Code (the Insurance Code) (Ill. Rev. Stat. 1987, ch. 73, par. 755a — 2(2)) did not relieve GEICO of the obligation to offer plaintiff additional uninsured motorist coverage in 1989 when plaintiff renewed his policy of insurance with GEICO and increased his limits of bodily injury liability coverage above the statutory minimum.

Plaintiff first purchased automobile insurance from GEICO in 1981, at which time he purchased both bodily injury liability coverage and uninsured motorist coverage at the then statutorily mandated minimum of $15,000 per individual and $30,000 per occurrence (Ill. Rev. Stat. 1981, ch. 95½, par. 7 — 203), which were automatically increased in 1988 to $20,000/$40,000 when the statutory minimum limits were increased (Ill. Rev. Stat. 1989, ch. 95½, par. 7 — 203). Every six months until February 1989 plaintiff continued to renew such insurance coverage but always at the minimum limits allowed. However, in February 1989, plaintiff increased his bodily injury liability coverage to $50,000/$100,000.

In May 1989, plaintiff was involved in an auto accident. The operator of the other car, defendant Karen Anderson, paid to plaintiff Anderson’s bodily injury policy limits of $25,000, which was insufficient to pay all of plaintiff’s expenses. Plaintiff then sought declaratory relief to reform his policy of insurance with GEICO to provide $50,000/$100,000 uninsured and underinsured motorist coverage based on GEICO’s failure to offer additional uninsured motorist coverage to plaintiff at the time when plaintiff increased his bodily injury liability coverage in February 1989. As an affirmative defense, GEICO asserted that the Insurance Code provided that in a renewal or supplemental policy of insurance an insurer need not offer additional uninsured motorist coverage to an insured who had elected either less uninsured coverage than his bodily injury liability limits or rejected bodily injury limits in excess of the statutory minimum. Ill. Rev. Stat. 1987, ch. 73, par. 755a — 2(2).

The parties stipulated that GEICO neither offered plaintiff additional uninsured motorist coverage in 1989 nor did plaintiff request such coverage in writing at that time. Plaintiff further alleged that GEICO never offered plaintiff additional uninsured motorist coverage prior to 1989, an assertion that GEICO did not deny or contradict.

The court struck GEICO’s defense as a matter of law, granted plaintiff’s motion for summary judgment, and reformed plaintiff’s insurance policy to provide uninsured and underinsured motorist coverage of $50,000/$100,000. GEICO filed its original notice of appeal (Roser v. Anderson, No. 2 — 90—0660, June 15, 1990). Subsequently both Roser and GEICO filed timely cross-motions in the trial court for sanctions (134 Ill. 2d R. 137). The trial court denied GEICO’s motion for sanctions. However, the trial court reserved ruling on Roser’s motion pending our disposition of GEICO’s appeal. We dismissed GEICO’s appeal for lack of jurisdiction, finding both that the timely motions for sanctions rendered GEICO’s initial notice of appeal ineffective, and, absent a finding that there was no just reason to delay enforcement or appeal pursuant to Supreme Court Rule 304(a), no final and appealable order was presented. (Cashmore v. Builders Square, Inc. (1990), 207 Ill. App. 3d 267.) The court having now made such a finding, GEICO again appeals.

GEICO asserts that the court incorrectly interpreted section 143a — 2(2) of the Insurance Code relative to its affirmative defense. GEICO asserts that plaintiff’s increase in his bodily injury liability limits in 1989 was nevertheless a “renewal or supplementary policy” (Ill. Rev. Stat. 1987, ch. 73, par. 755a — 2(2)), and plaintiff’s decision in 1981 to purchase the minimum limits of coverage was a rejection of “limits in excess of that required by law.” (Ill. Rev. Stat. 1987, ch. 73, par. 755a — 2(2).) Thus, GEICO asserts that section 143a — 2(2) relieved it of its obligation to offer uninsured motorist coverage to plaintiff in 1989 when he increased his bodily injury liability limits above the statutory minimum.

In contrast, plaintiff asserts that section 143a — 2(1) requires that an insurer at some time provide an insured with the opportunity and information necessary to make an informed election either to purchase or to reject additional uninsured motorist coverage before the renewal exception of section 143a — 2(2) is effective. Because GEICO never made such offer or supplied such information, section 143a— 2(2) is inapplicable. Moreover, plaintiff argues that GEICO’s position is contradicted by existing law and seeks the imposition of sanctions (134 Ill. 2d R. 137).

Initially we address GEICO’s assertion that this is a question of first impression and, in contrast, plaintiff’s contention that GEICO’s appeal is frivolous in light of the existing precedent and warrants the imposition of sanctions (134 Ill. 2d R. 375(b)). Section 143a and its predecessors have been subjected to judicial construction on numerous occasions. (E.g., Fuoss v. Auto Owners (Mutual) Insurance Co. (1987), 118 Ill. 2d 430; Cloninger v. National General Insurance Co. (1985), 109 Ill. 2d 419.) However, the issue in such cases has been the adequacy of the offer made by the insurer and the effect of an inadequate offer, which results in the implication by law of increased coverage. See Rutter v. Horace Mann Insurance Co. (1989), 190 Ill. App. 3d 467, 478.

The issue now before us is distinguishable because it is undenied that no offer of either uninsured or underinsured motorist coverage was ever made. Rather, because plaintiff initially purchased bodily injury liability and uninsured motorist coverage at the statutorily mandated minimum limits, the purchase of additional uninsured or under-insured motorist coverage was precluded. Therefore, the necessity to offer any additional uninsured or underinsured motorist coverage was equally precluded. Thus, the issue presented here is whether the initial purchase of one type or amount of coverage is an election to reject all future other possible coverage. Notwithstanding the abundance of precedent on the issue of offers of uninsured and underinsured motorist coverage, which is instructive in determining the legislative intent in this instance, GEICO is correct in its contention that this is a question of first impression, and this is neither a frivolous appeal nor an appropriate situation for the imposition of sanctions.

It is fundamental that our overriding objective in interpreting section 143a — 2(2) of the Insurance Code is to ascertain and give effect to the intent of the legislature. (M.I.G. Investments, Inc. v. Environmental Protection Agency (1988), 122 Ill. 2d 392, 397.) Equally fundamental are the maxims that guide our determination of the legislative intent. We must look first to the plain language of the statute. (Lake County Board of Review v. Property Tax Appeal Board (1989), 192 Ill. App. 3d 605, 616-17.) Language is to be given its ordinary and popularly understood meaning. (People v. Haywood (1987), 118 Ill.

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Bluebook (online)
584 N.E.2d 865, 222 Ill. App. 3d 1071, 165 Ill. Dec. 431, 1991 Ill. App. LEXIS 2077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roser-v-anderson-illappct-1991.