West American Insurance v. Reibel

762 F. Supp. 808, 1991 U.S. Dist. LEXIS 5800, 1991 WL 69439
CourtDistrict Court, N.D. Illinois
DecidedApril 29, 1991
DocketNo. 90 C 5587
StatusPublished

This text of 762 F. Supp. 808 (West American Insurance v. Reibel) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West American Insurance v. Reibel, 762 F. Supp. 808, 1991 U.S. Dist. LEXIS 5800, 1991 WL 69439 (N.D. Ill. 1991).

Opinion

ORDER

BUA, District Judge.

• Plaintiff, an insurance company, filed this declaratory judgment action to resolve a dispute over liability insurance coverage. Plaintiff contends that the insured parties are not entitled to liability coverage for injuries they sustained in an automobile accident. Pursuant to Fed.R.Civ.P. 56, plaintiff now moves for summary judgment. For the reasons stated herein, plaintiff’s motion is granted in part and denied in part.

FACTS

Defendants Thomas Reibel and Deborah Reibel are the named insureds on an automobile insurance policy issued by plaintiff West American Insurance Company (“West American”). The policy provides uninsured motorist coverage and liability coverage to the Reibels. West American’s limit of liability for each type of coverage is $100,000 per person and $300,000 per accident.

On October 1, 1988, during the policy period, the insureds were involved in an automobile collision. Thomas and Deborah Reibel were traveling with their three children when their automobile collided with an automobile driven by Harlan Noble, an uninsured motorist. The entire Reibel family suffered severe bodily injuries from the accident.

Following the accident, the Reibels filed a claim with West American for payment under the uninsured motorist provisions of their policy. West American paid the $300,000 policy limit. Deborah Reibel and the three children then decided to pursue an additional claim against Thomas Reibel, who was driving when the accident occurred. They asserted a claim under the liability coverage provisions of the policy based on Thomas Reibel’s alleged negligence in driving the automobile. Unable to settle that claim with West American, the claimants filed suit against Thomas Reibel [810]*810and Harlan Noble in the Circuit Court of Cook County.

On September 25, 1990, West American filed this diversity action for declaratory relief. In particular, West American seeks a declaration that there is no liability insurance coverage and no duty to defendant Thomas Reibel in the state court action.

DISCUSSION

West American contends that this coverage dispute may be resolved on summary judgment. In support of its motion for summary judgment, West American raises two arguments. First, West American argues that the policy expressly excludes liability coverage for claims asserted by members of the insured’s family. Second, West American asserts that even if that coverage exclusion does not apply, the insurance policy contains a setoff provision which reduces the amount of liability coverage available to the Reibels.

7. Family Member Exclusion

The insurance policy excludes coverage for bodily injuries sustained by a member of the insured’s family. This “family member” exclusion provides as follows:

We do not provide Liability Coverage for any person for bodily injury to you or any family member. However, this exclusion does not apply:
a. to the maintenance or use of your covered auto by any person other than you or any family member; or
b. when a third party acquires a right of contribution against you or any family member.

(Emphasis in original.) West American asserts that the lawsuit filed by the Reibel family fits squarely within the terms of the exclusion. In response, the Reibels argue that the exclusion does not apply.

By its clear and unambiguous terms, the family member exclusion is inapplicable “when a third party acquires a right of contribution” against the insured. The Reibels contend that Harlan Noble, a joint tortfeasor in the state court action, has a right of contribution against Thomas Rei-bel. Under the Illinois Contribution Among Joint Tortfeasors Act, “where 2 or more persons are subject to liability in tort arising out of the same injury to person or property, ... there is a right of contribution among them, even though judgment has not been entered against any or all of them.” Ill.Rev.Stat. ch. 70, para. 302(a) (1989) (emphasis added). That statutory provision lends credence to the Reibels’ position, though Noble has not technically acquired a right of contribution yet.

For all intents and purposes, a litigant does not obtain a right to contribution until he has paid more than his pro rata share of the common liability. See id. para. 302(b). If judgment is entered in favor of the plaintiffs in state court, and Noble pays more than his pro rata share of the judgment, then he will be entitled to contribution from Thomas Reibel, the other defendant. Thus, depending on the outcome of the state court proceedings, Noble may acquire a right of contribution. Given this possibility, it would be premature for the court to rule that a third party does not have a right of contribution (and that the policy’s family member exclusion is therefore applicable). This issue simply cannot be resolved by summary judgment at this stage of the litigation.

II. Setoff Provision

In the alternative, West American argues that a setoff provision in the policy substantially diminishes the Reibels’ liability coverage.1 The setoff provision reduces the liability coverage by the amount of any [811]*811previous payment made pursuant to the policy’s uninsured motorist provisions. West American previously paid the Reibels $300,000 — the policy limit for uninsured motorist coverage. Of this $300,000 payment, $280,000 was paid in settlement of the injuries suffered by Deborah Reibel and her three children, with the remaining $20,000 covering Thomas Reibel’s injuries.2 Offsetting the $280,000 payout against the $300,000 liability coverage limit, West American concludes that Deborah Reibel and the children are only entitled to $20,000 of liability coverage.

The issue before the court is whether this contractual limitation of liability is enforceable. Generally, “clear and unambiguous policy provisions are to be applied as written and policy language will be given its plain and ordinary meaning unless it contravenes public policy.” Greenawalt v. State Farm Ins. Co., 210 Ill.App.3d 543, 546, 155 Ill.Dec. 154, 156, 569 N.E.2d 154, 156 (1991); see also Scudella v. Illinois Farmers Ins. Co., 174 Ill.App.3d 245, 249-50, 123 Ill.Dec. 673, 675, 528 N.E.2d 218, 220 (1988). The setoff provision in the Reibels’ policy explicitly provides that “[a]ny payment under this [uninsured motorist] coverage will reduce any amount that person is entitled to recover for the same damages under Part A [liability coverage].” See note 1, supra. This provision is straightforward; any payout made pursuant to the policy’s uninsured motorist coverage results in a corresponding reduction in liability coverage. The language is clear and unambiguous. The Reibels certainly do not argue that the provision contains any ambiguity. Therefore, the terms of the policy will be enforced as written unless public policy dictates otherwise.

With the involvement of uninsured motorist coverage, public policy concerns are implicated.

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Bluebook (online)
762 F. Supp. 808, 1991 U.S. Dist. LEXIS 5800, 1991 WL 69439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-american-insurance-v-reibel-ilnd-1991.