Sims v. Allstate Insurance

851 N.E.2d 701, 365 Ill. App. 3d 997, 303 Ill. Dec. 514, 2006 Ill. App. LEXIS 436
Appellate Court of Illinois·Decided May 31, 2006·No. 5-04-0525·Published·Cited by 13 cases

Opinions

JUSTICE HOPKINS

delivered the opinion of the court:

The plaintiffs, Michael and Tiffany Sims, on behalf of themselves and all others similarly situated, filed a class action for a breach of contract against the defendant, Allstate Insurance Company (Allstate). The circuit court certified the class, determined that Allstate’s insurance policy was ambiguous, and submitted the case to a jury. The jury returned a verdict in favor of Allstate.

On appeal, the plaintiffs argue that the circuit court erred in allowing the jury to construe the insurance policy; that the circuit court abused its discretion in allowing Allstate to present evidence regarding its unilateral subjective intent; that the circuit court erred in instructing the jury regarding ambiguity, the burden of proof, and the principle of contra proferentem; that, as a matter of law, the insurance policy’s limit-of-liability provision was ambiguous and therefore covered the plaintiffs’ claims for a loss of value; and that Allstate improperly attacked the ethics and integrity of the plaintiffs’ counsel. We affirm on other grounds.

FACTS

The plaintiffs’ automobiles were damaged while insured by Allstate. Allstate paid the cost to repair each vehicle but did not compensate the plaintiffs for its diminished value (a repaired vehicle’s loss in market value resulting from the fact that it suffered property damage). The plaintiffs initiated this class action, alleging that by failing to compensate them for their damaged but repaired vehicle’s diminished value, Allstate breached its contract.

Allstate’s collision and comprehensive coverages for an insured’s automobile are governed by section six of its insurance policy. Section six is entitled “Protection Against Loss To The Auto,” is substantially the same in each class state, and states as follows:

“COVERAGE DD
Aúto Collision Insurance
ALLSTATE will pay for direct and accidental loss to YOUR insured AUTO *** (including insured loss to an attached trailer) from a collision with another object or by upset of that AUTO or trailer. ***
* * >:<
COVERAGE HH
Auto Comprehensive Insurance
ALLSTATE will pay for direct and accidental loss to YOUR
insured AUTO *** not caused by collision. ***
* >;<
Payment Of Loss By Allstate
ALLSTATE may pay for the loss in money, or may repair or replace the damaged or stolen property. ***
Limits of Liability
ALLSTATE’S limit of liability is the actual cash value of the property or damaged part of the property at the time of loss. The actual cash value will be reduced by the deductible for each coverage as shown on the declarations page. However, OUR liability will not exceed what it would cost to repair or replace the property or part with other of like kind and quality.”

Prior to the trial, Allstate moved to dismiss the plaintiffs’ action on the basis that the “Payment of Loss” and “Limits of Liability” provisions of the policy did not require Allstate to pay for diminished value. The circuit court determined that the insurance policy was ambiguous, and the court denied Allstate’s motion to dismiss. The case was tried before a jury, and the jury rendered a general verdict in favor of Allstate. The circuit court denied the plaintiffs’ posttrial motion, and the plaintiffs filed a timely appeal.

ANALYSIS

The plaintiffs argue that the diminished value of an adequately repaired vehicle is a “direct and accidental loss” that Allstate is required to compensate under the policy’s insuring provision. Allstate does not dispute that the term “loss” could encompass a vehicle’s diminished value, but it contends that the insuring language must be construed in light of the “Limits of Liability” and “Payment of Loss” sections. Allstate argues that these provisions are clear and unambiguous and preclude an insured’s recovery for a vehicle’s diminished value.

The plaintiffs counter that the phrase “repair or replace *** with other of like kind and quality” in the “Limits of Liability” section encompasses an inherent concept of value, is at the least ambiguous, and therefore requires Allstate to compensate the plaintiffs for their vehicles’ diminution in value. The plaintiffs argue that because the policy requires that a repair or replacement be of “like kind and quality,” the vehicle must be repaired so that there is no remaining physical damage and no loss in value and that, otherwise, Allstate must pay to compensate its insured for the vehicle’s diminished value.

While a vehicle’s diminished value may be a “loss” under the policy’s insuring provision, we agree with Allstate that its obligation to compensate the insured for that loss is circumscribed by the plain language of the policy’s “Limits of Liability” and “Payment of Loss” sections.

“The construction of an insurance policy is a question of law.” Pekin Insurance Co. v. Estate of Goben, 303 Ill. App. 3d 639, 642 (1999). “When construing the language of an insurance policy, the court’s primary objective is to ascertain and give effect to the intentions of the parties as expressed in their agreement.” Pekin Insurance Co., 303 Ill. App. 3d at 642. When determining the parties’ intentions as expressed in the contract, the court must construe the policy as a whole, giving effect to every part. Hartford Accident & Indemnity Co. v. Case Foundation Co., 10 Ill. App. 3d 115, 121 (1973); Miller v. Madison County Mutual Automobile Insurance Co., 46 Ill. App. 2d 413, 417 (1964). An insurance policy must be construed according to the sense and the meaning of the terms, and if the language is clear and unambiguous, it must be given its plain, ordinary, and popular sense. Pekin Insurance Co., 303 Ill. App. 3d at 642.

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Sims v. Allstate Insurance, 851 N.E.2d 701, 365 Ill. App. 3d 997, 303 Ill. Dec. 514, 2006 Ill. App. LEXIS 436 (Ill. Ct. App. 2006).

851 N.E.2d 701 (Sims v. Allstate Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Sims v. Allstate Insurance
851 N.E.2d 701 (Appellate Court of Illinois, 2006)