State Farm Fire & Casualty Co. v. Hooks

853 N.E.2d 1, 366 Ill. App. 3d 819, 304 Ill. Dec. 469, 2006 Ill. App. LEXIS 523
CourtAppellate Court of Illinois
DecidedJune 19, 2006
Docket1-05-2516
StatusPublished
Cited by7 cases

This text of 853 N.E.2d 1 (State Farm Fire & Casualty Co. v. Hooks) 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
State Farm Fire & Casualty Co. v. Hooks, 853 N.E.2d 1, 366 Ill. App. 3d 819, 304 Ill. Dec. 469, 2006 Ill. App. LEXIS 523 (Ill. Ct. App. 2006).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Plaintiff-appellee, State Farm Fire and Casualty Company (State Farm), filed this action seeking a declaration that it owed no duty to defend or indemnify Donya Tyree Hooks (Donya) in an underlying negligence suit filed by her former sister-in-law, Sharon Connor Hooks (Sharon). The trial court granted State Farm’s motion for summary judgment, finding that the policy’s household exclusion applied to Sharon and that State Farm, therefore, had no duty to defend or indemnify Donya: Sharon appeals the grant of summary judgment in State Farm’s favor. For the reasons that follow, we reverse and remand.

BACKGROUND

In her negligence complaint against Donya, Sharon alleged that on March 4, 2001, she was living in an apartment in a multi-unit residential building on Green Street in Chicago when a fire broke out and caused her to sustain multiple injuries. Sharon alleged that Donya, as owner of the building, was negligent in failing to provide or maintain working smoke and carbon monoxide detectors, in allowing “tenants with connections to drug activity” to go into the basement where the fire started, and in failing to provide an emergency escape light in the common hallways.

Donya tendered her defense of the suit to State Farm pursuant to a homeowner’s policy she maintained with her brother and co-owner of the apartment building, Donald Hooks (Donald). Donald was married to and living with Sharon in the insured building at the time of the fire; however, he was not named as a defendant in Sharon’s complaint. State Farm initially accepted the defense under a reservation of rights, but it later decided that it owed no duty to defend or indemnify Donya against Sharon’s action because Sharon was an “insured” under Donya and Donald’s policy. State Farm then withdrew its defense and filed the instant action against Donya and Sharon seeking a declaration that it had no duty to defend or indemnify Donya.

Donya and Donald’s homeowner’s policy with State Farm stated in pertinent part as follows:

“DEFINITIONS
‘You’ and ‘your’ mean the ‘named insured’ shown in the Declarations. Your spouse is included if a resident of your household. ‘We’, ‘us’ and ‘our’ mean the Company shown in the Declarations.
* * *
5. ‘insured’ means you and, if residents of your household:
a. relatives
* * *
6. ‘insured location’ means:
a. the residence premises;
$ ^ $
11. ‘residence premises’ means:
a. the one, two, three or four-family dwelling, other structures and grounds; or
b. that part of any other building; where you reside and which is shown in the Declarations.
* * *
SECTION II — LIABILITY COVERAGES
COVERAGE L — PERSONAL LIABILITY
If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence, we will:
1. pay up to our limit of liability for the damages for which the insured is legally liable; and
2. provide a defense at our expense by counsel of our choice. We may make any investigation and settle any claim or suit that we decide is appropriate. Our obligation to defend any claim or suit ends when the amount we pay for damages, to effect settlement or satisfy a judgment resulting from the occurrence, equals our limit of liability.
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SECTION II — EXCLUSIONS
1. Coverage L and Coverage M do not apply to:
^ «í> í»
h. bodily injury to you or any insured within the meaning of part a. or b. of the definition of insured.
This exclusion also applies to any claim made or suit brought against you or any insured to share damages with or repay someone else who may be obligated to pay damages because of the bodily injury sustained by you or any insured within the meaning of part a. or b. of the definition of insured.
SECTION II — CONDITIONS
2. Severability of Insurance. This insurance applies separately to each insured. This condition shall not increase our limit of liability for any one occurrence.” (Emphasis in original.)

In its complaint for declaratory judgment, State Farm contended that because Sharon was married to Donald, she was a relative of both Donald and Donya and was, therefore, an “insured” under the policy. State Farm further asserted that under the policy it had no duty to defend Donya, as a named insured, against claims of bodily injury from another “insured.” Donya, thereafter, brought a counterclaim for vexatious delay and wrongful denial of coverage pursuant to section 155 of the Illinois Insurance Code. 215 ILCS 5/155 (West 2004). Donya’s counterclaims are not part of this appeal.

After both Donya and Sharon filed answers to the complaint, State Farm brought a motion for summary judgment reasserting the contentions made in its complaint and further emphasizing the fact that Sharon was living with and married to Donald, a “named insured” under the policy, at the time of her injuries. Donya and Sharon filed separate responses to State Farm’s motion for summary judgment. They each contended that Sharon was not an “insured” as to Donya because Donya did not reside at the premises and was not a member of Sharon’s household. However, they both conceded that Sharon was, in fact, an “insured” as to Donald because Sharon and Donald were married and lived together at the insured residence. Donya additionally contended that the policy’s severability clause (“severability of insurance” as cited above) required that Sharon’s status be determined independently for each “named insured” and that, therefore, Sharon’s status as an “insured” as to Donald did not release State Farm from its obligations to defend and indemnify Donya because Sharon did not qualify as an “insured” as to her. Finally, both Donya and Sharon contended that the policy was ambiguous and should therefore be construed against State Farm. The court granted State Farm’s motion finding that Sharon was an “insured” as defined by the policy and that the severability provision had no bearing on that status. Thereafter, Sharon brought this appeal.

II. ANALYSIS

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Bluebook (online)
853 N.E.2d 1, 366 Ill. App. 3d 819, 304 Ill. Dec. 469, 2006 Ill. App. LEXIS 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-fire-casualty-co-v-hooks-illappct-2006.