Stearns v. Millers Mutual Insurance

663 N.E.2d 517, 278 Ill. App. 3d 893, 215 Ill. Dec. 506, 1996 Ill. App. LEXIS 188
CourtAppellate Court of Illinois
DecidedApril 3, 1996
Docket5 — 95 — 0472
StatusPublished
Cited by23 cases

This text of 663 N.E.2d 517 (Stearns v. Millers Mutual Insurance) 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
Stearns v. Millers Mutual Insurance, 663 N.E.2d 517, 278 Ill. App. 3d 893, 215 Ill. Dec. 506, 1996 Ill. App. LEXIS 188 (Ill. Ct. App. 1996).

Opinion

PRESIDING JUSTICE HOPKINS

delivered the opinion of the court:

Defendant, Millers Mutual Insurance Association of Illinois (Millers Mutual), appeals from the trial court’s order denying its motion for judgment on the pleadings and granting plaintiffs’ cross-motion for judgment on the pleadings. The motions arose from plaintiffs’ complaint for declaratory judgment which sought a determination as to the extent of coverage provided to plaintiffs under an automobile insurance policy issued to plaintiff Karen Stearns by Millers Mutual. On appeal, we consider whether the trial court was correct in finding that the policy’s "per occurrence” limitation of $300,000 applied to plaintiffs’ claims, rather than the $100,000 "per person” limitation. We affirm the trial court.

I. FACTS

Plaintiff, Karen Stearns, was covered under an automobile insurance policy issued by Millers Mutual. On May 14, 1994, while the policy was in effect, Karen’s 14-year-old daughter, Melissa DeLache, was injured when she was riding as a passenger in an uninsured automobile. The parties agree that Melissa was covered as a "family member” under Karen’s policy with Millers Mutual. On June 30, 1994, Melissa died from injuries sustained in the car accident. Besides her mother, Melissa is survived by her sister, plaintiff Jennifer De-Lache, who is also covered under the policy as a "family member.”

The automobile insurance policy issued to Karen by Millers Mutual provided for uninsured-motorists coverage in the amounts of $100,000 per person and $300,000 per occurrence. After Melissa’s death, Karen presented claims for medical bills for Melissa exceeding the $100,000-per-person limit of the policy. Millers Mutual tendered its $100,000-per-person limit and its $5,000 medical-bills limit. Plaintiffs rejected this tender, contending that they were entitled to separate recoveries up to the aggregate $300,000-per-occurrence limit, based on separate claims by the estate of Melissa DeLache and by each of the two plaintiffs, Melissa’s mother and sister.

Under the uninsured-motorists provisions of the insurance policy issued to Karen, Millers Mutual agreed to:

"pay compensatory damages which an 'insured’ is legally entitled to recover from the owner or operator of an 'uninsured motor vehicle’ because of 'bodily injury’:
1. Sustained by an 'insured’; and
2. Caused by an accident.
* * *
*** 'Insured’ as used in this Part means:
1. You or any 'family member.’
2. Any other person 'occupying’ 'your covered auto.’
3. Any person for damages that person is entitled to recover because of 'bodily injury’ to which this coverage applies sustained by a person described in 1. or 2. above.”

In an amendment to their policy, Millers Mutual describes its limit of liability for uninsured-motorists coverage:

"The limit of liability shown in the Schedule or in the Declarations for each person for Uninsured Motorists Coverage [$100,000] is our maximum limit of liability for all damages including damages for care, loss of services or death, arising out of 'bodily injury’ sustained by any one person in any one accident. Subject to this limit for each person, the limit of liability shown in the Schedule or in the Declarations for each accident for Uninsured Motorists Coverage [$300,000] is our maximum limit of liability for all damages for 'bodily injury’ resulting from any one accident. This is the most we will pay regardless of the number of:
1. 'Insured;’
2. Claims made;
3. Vehicles or premiums shown in the Declaration; or
4. Vehicles involved in the accident.”

Millers Mutual defines bodily injury in the policy as "bodily harm, sickness or disease, including death that results.”

The parties briefed and argued their respective motions in the trial court. On May 26, 1995, the trial court granted plaintiffs’ motion and denied defendant’s motion. Relying upon this court’s decision in General Casualty Co. v. McCowan, 221 Ill. App. 3d 96 (1991), the trial court found that the $300,000-per-accident limit applied to plaintiffs’ claims, rather than the $100,000-per-person limit. Millers Mutual filed this timely appeal.

II. ANALYSIS

Millers Mutual argues that the trial court improperly construed the contract of insurance contrary to a line of appellate court cases interpreting limitations on insurance coverage wherein the courts have restricted claimants’ recoveries to the maximum per-person limit rather than the higher per-occurrence limit. See Schweighart v. Standard Mutual Insurance Co., 227 Ill. App. 3d 249 (1992); Cross v. Country Cos., 188 Ill. App. 3d 847 (1989); Creamer v. State Farm Mutual Automobile Insurance Co., 161 Ill. App. 3d 223 (1987). Plaintiffs respond that the trial court correctly relied on this court’s decision in McCowan, 221 Ill. App. 3d 96. Plaintiffs also contend that, in any event, the insurance policy is ambiguous and that public policy dictates that the policy be construed to provide plaintiffs with the per-occurrence limits of the policy rather than limit all of the separate claims to Melissa’s individual $100,000 ceiling.

We agree with plaintiffs that none of the cases cited by Millers Mutual are controlling. We first consider plaintiffs’ argument that the policy is ambiguous, for if it is ambiguous, we must rule in favor of the construction granting the greater amount of coverage. Standard Mutual Insurance Co. v. General Casualty Cos., 171 Ill. App. 3d 758 (1988). In order to decide if an ambiguity exists, the court must review the contract of insurance as a whole, considering the factual context in which it was written. Glidden v. Farmers Automobile Insurance Ass’n, 57 Ill. 2d 330 (1974); Gibbs v. Madison Mutual Insurance Co., 242 Ill. App. 3d 147 (1993). The insurance contract is to be construed as written, if unambiguous and not contrary to public policy. Menke v. Country Mutual Insurance Co., 78 Ill. 2d 420 (1980). A clause in an insurance policy is ambiguous if it is subject to more than one reasonable interpretation. United States Fidelity & Guaranty Co. v. Wilkin Insulation Co., 144 Ill. 2d 64 (1991). All doubts and ambiguities must be resolved in favor of the insured. Wilkin Insulation, 144 Ill. 2d at 74. If two or more clauses within the policy conflict or are inconsistent, then the clause affording greater coverage will govern. Standard Mutual Insurance Co., 171 Ill. App. 3d 758.

The insurance policy in this case suffers from a dual ambiguity: the limit-of-liability clause in the uninsured-motorists coverage is subject to more than one reasonable interpretation, and applying the interpretation advanced by Millers Mutual, that clause is inconsistent with the definition of an insured in the same section.

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Cite This Page — Counsel Stack

Bluebook (online)
663 N.E.2d 517, 278 Ill. App. 3d 893, 215 Ill. Dec. 506, 1996 Ill. App. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stearns-v-millers-mutual-insurance-illappct-1996.