Springfield Fire & Casualty Co. v. Garner

627 N.E.2d 1147, 255 Ill. App. 3d 685, 194 Ill. Dec. 505
CourtAppellate Court of Illinois
DecidedDecember 30, 1993
Docket4-93-0292
StatusPublished
Cited by8 cases

This text of 627 N.E.2d 1147 (Springfield Fire & Casualty Co. v. Garner) 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
Springfield Fire & Casualty Co. v. Garner, 627 N.E.2d 1147, 255 Ill. App. 3d 685, 194 Ill. Dec. 505 (Ill. Ct. App. 1993).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

This case arises from a one-car accident in which Adam Johnson drove an automobile registered to Scott S. Garner, d/b/a State Street Auto Sales (a used car dealership). Plaintiff, Springfield Fire and Casualty Company, and defendants, Scott Gamer, Adam Johnson, and persons claiming to have been injured in the accident, brought cross-declaratory-judgment actions asking the trial court to interpret Garner’s used car dealer’s garage insurance policy. Defendants sought a determination that Johnson was a “customer” and therefore an insured under Gamer’s policy. Plaintiff asked the court to find that Johnson was the “owner” of the vehicle involved in the accident; but if the court determined Johnson was covered, that the policy liability limits should be declared as $20,000 per person or $40,000 per occurrence, the limits required under section 7 — 203 of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1989, ch. 951k, par. 7 — 203). After a bench trial in January 1993, the trial court found that (1) Gamer was the owner of the vehicle and Johnson was an insured under the policy; and (2) the limits of liability were $100,000 per person or $300,000 per occurrence as set forth in section 5 — 102(b)(4) of the Code (Ill. Rev. Stat. 1989, ch. 951/2, par. 5 — 102(b)(4)). This appeal followed. Plaintiff challenges both the trial court’s determination on ownership and its assessment of the liability limits of the policy.

We affirm the finding of ownership and reverse the determination of the liability limits of the policy.

I. Background

On October 13, 1989, plaintiff insurer issued the policy in question to Gamer insuring his used car business. In the policy, Gamer specified liability coverage for 32 autos in the amount of $100,000/ $300,000/$50,000 and uninsured motorist’s coverage on 26 autos in the amount of $20,000/$40,000 for bodily injury liability. On September 29, 1990, Johnson, the half-brother of Gamer’s wife, was operating a 1977 Chevrolet Impala automobile — titled in Garner’s business and bearing Gamer’s dealership plates — when it was involved in a one-car accident in Adams County, Illinois. At the time of the accident, Johnson was not insured by any policy for operating a motor vehicle. Defendants April Sullivan, Angie Sullivan, Melissa Kindhart, and Kevin Schoenekase were passengers in the vehicle and all claimed to have been injured as a result of the accident.

In August 1991, plaintiff filed a complaint for interpleader, and defendants answered and counterclaimed for declaratory judgment. In January 1992 plaintiff moved to withdraw its complaint for inter-pleader, which the court granted. At the same time, plaintiff filed a complaint for declaratory judgment, seeking a determination that Johnson, the driver of the 1977 Impala, was the owner of the vehicle and not an insured under its policy with Garner.

At issue is the following policy provision:

“PART IV-LIABILITY INSURANCE
* * *
D. WHO IS AN ‘INSURED.’
1. For covered ‘Autos.’
***
b. Anyone else is an ‘insured’ while using with your permission a covered ‘auto’ except:
* * *
(3) Your customers, if your business is shown in the declarations as an ‘auto’ dealership. However, if a customer of yours:
(a) Has no other available insurance (whether primary, excess or contingent), he or she is an ‘insured’ but only up to the compulsory or financial responsibility law limits where the covered ‘auto’ is principally garaged.
(b) Has other available insurance (whether primary, excess or contingent) less than the compulsory or financial responsibility law limits where the covered ‘auto’ is principally garaged, he or she is an ‘insured’ only for the amount by which the compulsory or financial responsibility law limits exceed the limits of his or her other insurance.” (Emphasis added.)

II. Ownership Of The 1977 Impala

As a general rule, the standard of review when considering a trial court’s granting a declaratory judgment is whether the trial court abused its discretion. (Farmers Oil & Supply Co. v. Illinois Central R.R. Co. (1972), 6 Ill. App. 3d 965, 286 N.E.2d 68.) However, when this court considers a trial court’s determination of the ownership of an automobile for insurance purposes, the standard of review is whether the trial court’s decision is against the manifest weight of the evidence. Country Mutual Insurance Co. v. Aetna Life & Casualty Insurance Co. (1979), 69 Ill. App. 3d 764, 387 N.E.2d 1037.

In a replevin action, this court stated the following concerning the trial court’s determination of ownership:

“The major issue in this action was the ownership of the vehicles. It is well established that the determination of ownership *** is a question of fact for the trial court to determine. [Citations.] Since the trial court is in a superior position to assess the credibility of the parties and weigh the evidence in this respect, its decision must stand unless it is contrary to the manifest weight of the evidence.” (Dan Pilson Auto Center, Inc. v. DeMarco (1987), 156 Ill. App. 3d 617, 620, 509 N.E.2d 159, 161.)

A decision is against the manifest weight of the evidence if, after a review of the evidence, it is clearly evident that the conclusion opposite to the one reached by the trial court was the proper disposition. In re Estate of Ozier (1992), 225 Ill. App. 3d 33, 38, 587 N.E.2d 77, 81.

To determine whether ownership of a vehicle has passed, we must look to the intentions of the parties. (Dan Pilson Auto Center, 156 Ill. App. 3d at 620-21, 509 N.E.2d at 161; see also Finnan v. Johnson (1983), 111 Ill. App. 3d 479, 444 N.E.2d 290; Country Mutual, 69 Ill. App. 3d 764, 387 N.E.2d 1037.) Their intention controls even if they have not fully complied with the provisions of the Code pertaining to the transfer of ownership of a vehicle. Furthermore, a person can own a motor vehicle for insurance purposes even when title is in someone else’s name. Country Mutual, 69 Ill. App. 3d at 768, 387 N.E.2d at 1040, citing State Farm Mutual Automobile Insurance Co. v. Lucas (1977), 50 Ill. App. 3d 894, 898, 365 N.E.2d 1329

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Bluebook (online)
627 N.E.2d 1147, 255 Ill. App. 3d 685, 194 Ill. Dec. 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springfield-fire-casualty-co-v-garner-illappct-1993.