State Farm Mutual Automobile Insurance v. Villicana

692 N.E.2d 1196, 181 Ill. 2d 436, 230 Ill. Dec. 30
CourtIllinois Supreme Court
DecidedApril 8, 1998
Docket83036
StatusPublished
Cited by115 cases

This text of 692 N.E.2d 1196 (State Farm Mutual Automobile Insurance v. Villicana) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm Mutual Automobile Insurance v. Villicana, 692 N.E.2d 1196, 181 Ill. 2d 436, 230 Ill. Dec. 30 (Ill. 1998).

Opinions

CHIEF JUSTICE FREEMAN

delivered the opinion of the court:

In this appeal, we must decide whether plaintiff, State Farm Mutual Automobile Insurance Company, is obligated to provide underinsured motor vehicle benefits to defendant, Jennifer Villicana, pursuant to a State Farm insurance policy issued to her father. The circuit court of McHenry County determined that a “family car exclusion” contained in the policy barred coverage and granted summary judgment in favor of State Farm. The appellate court reversed the judgment, holding that the exclusion violated public policy. 286 Ill. App. 3d 1013. We subsequently granted State Farm’s petition for leave to appeal (166 Ill. 2d R. 315) and allowed Allstate Insurance Company to file a brief as an amicus curiae. For the reasons that follow, we reverse the judgment of the appellate court.

BACKGROUND

The undisputed facts which give rise to this case are relatively straightforward. On February 5, 1995, Jennifer Villicana suffered personal injuries while riding as a passenger in a car owned by her father, Bernard Villicana, and operated by Jay Rebscher. The single-vehicle accident occurred when Rebscher lost control of the car and hit a tree. State Farm insured the automobile under a policy issued to Bernard Villicana prior to February 1995. Pursuant to this policy, State Farm paid Jennifer $100,000, which represented the limit for bodily injury under the liability insurance provision of the policy insuring the accident vehicle. Rebscher’s insurer, Coronet Insurance Group, also paid Jennifer $20,000, which represented the limit for bodily injury under the liability provisions of Rebscher’s policy. Neither Rebscher nor Coronet is a party to this action.

At the time of the accident, Bernard Villicana owned another automobile (the “nonaccident” vehicle) that was also insured by State Farm under a separate policy. It is this policy which is the subject of the instant litigation. The policy provided liability and underinsured-motorist coverage in the sum of $250,000 per person/$500,000 per occurrence. Because Jennifer’s damages allegedly exceeded the $120,000 provided to her under Rebscher’s and Villicana’s liability coverages, Jennifer filed a claim for the underinsured-motorist benefits under the nonaccident vehicle’s policy. In the claim, Jennifer asserted that the injuries she had sustained in the February 5 accident were covered by the underinsured-motorist provisions of the policy.

State Farm denied the claim based on an exclusion contained in the policy and sought a determination of its obligations under the policy in the circuit court. Specifically, State Farm argued that an exclusion in the nonaccident vehicle’s policy barred Jennifer from recovering any underinsured-motorist benefits. The relevant portions of the policy cited by State Farm provide the following:

“UNDERINSURED MOTOR VEHICLE-COVERAGE W

You have this coverage if ‘W’ appears in the ‘Coverages’ space on the declarations page.

We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an . underinsured motor vehicle. The bodily injury must be caused by accident or use of an underinsured motor vehicle.

* * *

Underinsured Motor Vehicle — means a land motor vehicle:

1. the ownership, maintenance or use of which:
a. is insured or bonded for bodily injury at the time of the accident; and
b. has resulted in bodily injury of an insured; but
2. the limits of liability for bodily injury liability:
a. are less than the limits you carry for underinsured motor vehicle coverage under this policy; or
b. have been reduced by payments to persons other than an insured to less than the limits you carry for underinsured motor vehicle coverage under this policy.
An underinsured motor vehicle does not include a land motor vehicle:
1. insured under the liability coverage of this policy;
2. furnished for the regular use of you, your spouse or any relative; ***.”

The policy also provided the following definitions to certain of the terms used in the above-quoted provision:

“Relative — means a person related to you or your spouse by blood, marriage or adoption who lives with you. It includes your unmarried and unemancipated child away at school.
Spouse — means your husband or wife while living with you.
* * *
You or Your — means the named insured or insureds shown on the declarations page.”

State Farm contended that because the accident automobile was “furnished for the regular use” of Bernard Villicana, his spouse, and Jennifer, as well as any other relative of Bernard or his wife, who lived with them, it could not be considered an underinsured motor vehicle under the policy.

In response, Jennifer argued that the exclusionary clause contravened the public policy behind the underinsured-motorist coverage, as set forth in section 143a — 2(4) of the Illinois Insurance Code. Eventually both parties moved for summary judgment, which the circuit court granted in favor of State Farm. The court ruled that the exclusion barred Jennifer’s recovery of any underinsured motor vehicle benefits. Jennifer appealed.

As noted previously, the appellate court reversed the judgment of the circuit court. In so doing, the court noted that the nonaccident vehicle’s policy excluded from coverage any vehicle “ ‘furnished for the regular use of you, your spouse or any relative.’ ” 286 Ill. App. 3d at 1016. Relying on this court’s opinion in Luechtefeld v. Allstate Insurance Co., 167 Ill. 2d 148 (1995), the appellate court reasoned that the exclusionary clause contained in the State Farm policy improperly prevents recovery regardless of whether underinsurance coverage is available under another applicable policy. 286 Ill. App. 3d at 1019. As a result, the clause contravenes the public policy represented in section 143a — 2(4) because it could operate in some circumstances to leave the insured without any protection against an underinsured motorist. 286 Ill. App. 3d at 1020.

ANALYSIS

The dispositive issue in this case is whether the policy’s exclusion, commonly known as the “family car exclusion,” bars Jennifer from recovering underinsured motor vehicle benefits. The exclusion prevents an automobile which is furnished for the regular use of an insured, the insured’s spouse or any relative who lives with the insured from being deemed an underinsured motor vehicle. We must decide whether an underinsurance policy may exclude benefits to a family member who is injured in a different family automobile. We believe that under the limited circumstances of this case such an exclusion may be enforced.

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Cite This Page — Counsel Stack

Bluebook (online)
692 N.E.2d 1196, 181 Ill. 2d 436, 230 Ill. Dec. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-villicana-ill-1998.