Straus v. Allstate Insurance Co.

378 N.E.2d 1308, 62 Ill. App. 3d 289, 19 Ill. Dec. 433, 1978 Ill. App. LEXIS 2947
CourtAppellate Court of Illinois
DecidedJuly 12, 1978
Docket78-74
StatusPublished
Cited by5 cases

This text of 378 N.E.2d 1308 (Straus v. Allstate Insurance Co.) 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
Straus v. Allstate Insurance Co., 378 N.E.2d 1308, 62 Ill. App. 3d 289, 19 Ill. Dec. 433, 1978 Ill. App. LEXIS 2947 (Ill. Ct. App. 1978).

Opinion

Mr. JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiffs brought this class action seeking injunctive relief and monetary damages from defendant Allstate Insurance Company. Plaintiffs maintained that in settling and offering to settle collision claims Allstate breached its contract of insurance by subtracting the deductibles specified in the policies from the actual cash values of the insured vehicles. The trial court denied plaintiff Noparstak’s motion for summary judgment and granted Allstate’s motion for summary judgment against the named plaintiffs and against the entire class.

Plaintiffs are each insured under automobile insurance policies and declarations issued by Allstate containing identical provisions. These provisions include a deductible amount for collision settlements. In each case, Allstate settled or offered to settle the claim by paying the insured the actual cash value of the vehicle less the deductible amount appearing on the policy declaration. Plaintiffs claim the amounts which Allstate deducted from the actual cash value of the automobiles.

Plaintiff Arthur Noparstak was issued an automobile policy by Allstate on October 31,1974. Noparstak elected collision coverage providing for a deductible in the amount of *100 for each collision occurrence. On May 22, 1975, Noparstak’s insured vehicle was involved in a collision and sustained extensive damage. Noparstak notified Allstate of the collision and demanded indemnification pursuant to the policy. Allstate offered to pay Noparstak the actual cash value of the vehicle on the date of the collision, less the deductible amount appearing in the declarations. Noparstak has rejected the offer.

Plaintiff Patricia Paveza was issued an automobile insurance policy by Allstate on February 25, 1972. She selected collision coverage with a *50 deductible. On June 25, 1972, the insured vehicle was involved in a collision. Allstate settled the claim by paying Paveza the cash value of the automobile less the *50 deductible.

On February 4, 1972, plaintiff William Straus was issued a policy providing for collision coverage with *100 deductible. On December 2, 1975, the insured vehicle was involved in a collision. Straus was given the actual cash value of the vehicle less the *100 deductible.

The insurance policies issued to plaintiffs provide in pertinent part:

“In reliance upon the declarations and subject to all the terms of this policy and for payment of the premium, Allstate makes the following agreements with the named insured:
# # #
Coverage DD — Automobile Collision Insurance Allstate will pay for loss to the owned automobile or non-owned automobile, caused by collision, less the deductible amount stated in the declarations, but the deductible amount shall not be deducted with respect to a collision involving the owned automobile and another automobile insured by Allstate.
see
4. ‘loss’ means direct and accidental loss of or damage to (a) the automobile, including its equipment, or (b) other insured property;
S S S
Payment of loss
Allstate may pay for the loss in money, or may repair or replace the damaged or stolen property. However, Allstate may, at any time before the loss is paid or the property is replaced, at its expense return any stolen property to the named insured, or at its option to the address shown in the declarations, with payment for any resulting damage. Allstate may take all or part of the property at the agreed or appraised value and may settle any claim or loss either with the insured or the owner of the property.
Limits of Allstate’s liability
The limit of Allstate’s liability is the actual cash value of the property, or if the loss is of a part its actual cash value at the time of loss, but not to exceed what it would then cost to repair or replace the property or part with other of like kind and quality; provided, however, the limit of liability for loss to any trailer is *500.”

Under the declarations, the policies provided in pertinent part: “DD AUTOMOBILE COLLISION — ACTUAL CASH VALUE — LESS DEDUCTIBLE OF *100 EACH OCCURRENCE.” (Paveza’s policy provided for *50 deductible.)

In his second amended complaint, Noparstak alleged that under the policy, Allstate had the option of indemnifying him by paying either the cost of repairing the automobile, less the specified deductible, or the actual cash value of the automobile without reducing that amount by the deductible.

In count I, plaintiffs prayed that Allstate be permanently enjoined from breaching its automobile insurance policy contracts. They also requested that Allstate be ordered to account for and to pay to plaintiffs all monies improperly deducted by it when indemnification is pursuant to payment of the actual cash value of the vehicle.

In count II, Paveza and Straus, on behalf of the other members of the class, charged that Allstate falsely and fraudulentiy represented to each of them that the deductible amounts appearing on their declarations should be deducted from the actual cash values in attempting to settle their claims. Plaintiffs alleged that they relied upon such representation in accepting such settlement, and that such fraudulent acts were committed and will continue to be committed by Allstate. Plaintiffs asked that Allstate be ordered to account for all monies improperly retained.

The sole issue before us is whether the trial court properly granted summary judgment in favor of Allstate based upon the court’s determination that the terms of the insurance policies authorized Allstate to subtract the amount of the deductible specified in the declarations when computing plaintiffs’ collision loss reimbursements based upon the actual cash value of the insured vehicles.

Plaintiffs argue that loss is measured under the collision deduction provision of the policies and that the limits of liability provision does not come into operation until, or unless, the amount payable thereunder would limit, abate or reduce amounts otherwise payable under the collision deductible provision. Under plaintiffs’ interpretation of the collision deduction provision, application of the deductible is authorized when computing the insured’s loss. Plaintiffs assert, however, that “loss” must be equated with “damage” and that only in those incidents where the insured vehicle’s damage is less than the actual cash value of the vehicle is application of the deductible permitted. Plaintiffs contend that the deductible does not apply where the vehicle cannot be repaired or where Allstate elects to treat the loss as total. This interpretation of the policy isolates the applicable provisions. A contract of insurance is to be interpreted from an examination of the complete document and not an isolated part or parts. (Weiss v. Bituminous Casualty Corp. (1974), 59 Ill. 2d 165, 319 N.E.2d 491

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Cite This Page — Counsel Stack

Bluebook (online)
378 N.E.2d 1308, 62 Ill. App. 3d 289, 19 Ill. Dec. 433, 1978 Ill. App. LEXIS 2947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/straus-v-allstate-insurance-co-illappct-1978.