Wisdom v. Stonewall Insurance Co.

487 N.E.2d 1289, 139 Ill. App. 3d 1082, 94 Ill. Dec. 412, 1986 Ill. App. LEXIS 1834
CourtAppellate Court of Illinois
DecidedJanuary 10, 1986
Docket5-85-0294
StatusPublished
Cited by9 cases

This text of 487 N.E.2d 1289 (Wisdom v. Stonewall 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
Wisdom v. Stonewall Insurance Co., 487 N.E.2d 1289, 139 Ill. App. 3d 1082, 94 Ill. Dec. 412, 1986 Ill. App. LEXIS 1834 (Ill. Ct. App. 1986).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

The issue in this case is whether an automobile liability insurance policy issued by defendant to an Illinois resident in the State of Illinois covering an automobile registered in Illinois is subject to the coverage limits for bodily injury established by the Missouri Motor Vehicle Safety Responsibility Law (Mo. Rev. Stat. sec. 303.010 et seq. (1978)), where defendant’s insured was involved in a car accident in Missouri causing injury to a Missouri resident. Plaintiff, the injured Missouri resident, sought a declaratory judgment that the Missouri statutory limits were applicable to the subject policy and operated to increase defendant’s coverage for bodily injury to $25,000 per person per occurrence from the limit of $15,000 per person per occurrence otherwise provided by the terms of the policy. Following a bench trial, the circuit court of St. Clair County entered judgment for plaintiff, holding the higher statutory coverage to be so applicable. Defendant now appeals. We reverse.

The pertinent facts are not in dispute. Defendant, Stonewall Insurance Company, issued an automobile liability policy to John Moorland for a 1979 Ford Mustang. Moorland was a resident of Cahokia, Illinois, and the Ford Mustang was registered in the State of Illinois. The insurance policy on the car was issued to Moorland in Illinois and provided $15,000 maximum bodily injury coverage per person per occurrence. The policy also contained the following endorsements:

“CONFORMITY WITH FINANCIAL RESPONSIBILITY LAWS
OUT OF STATE INSURANCE
When we certify this policy as proof under any financial responsibility law, it will comply with the law to the extent of the coverage required by law.
If an insured person becomes subject to the financial responsibility law or the compulsory insurance law or similar laws of another state because of the ownership, maintenance or use of your insured car in that state, we will interpret this to provide any broader coverage required policy by those laws * * * tf

During the policy period the Ford Mustang, operated by John Moorland, was involved in a collision with a truck owned and operated by plaintiff, Robert Wisdom, a Missouri resident. The collision took place on a public highway in Iron County, Missouri. Plaintiff sustained bodily injury. Moorland was killed. Thereafter, plaintiff brought an action in Federal district court to recover damages for his injuries, alleging negligence by Moorland. Defendant, Stonewall Insurance Company, offered to pay plaintiff $15,000, the maximum bodily injury limit specified in Moorland’s policy. Plaintiff rejected the offer and thereupon filed his complaint for a declaratory judgment that the maximum amount of bodily injury liability coverage under the subject policy was governed by the terms of Missouri’s Motor Vehicle Safety Responsibility Law (Mo. Rev. Stat. sec. 303.010 et seq. (1978)). In its final judgment for plaintiff, the circuit court ruled:

“It is ordered that sec. 303 V.A.M.S. and the ‘Out of State Insurance’ and ‘Conformity with Financial Responsibility Laws’ sections of the subject policy require a finding that said policy affords the plaintiff $25,000 coverage for bodily injury to one person per occurrence ***.”

On this appeal, defendant contends that the circuit court erred in construing the subject policy and in applying the requirements of Missouri’s Motor Vehicle Safety Responsibility Law (Mo. Rev. Stat. sec. 303.010 et seq. (1978)) to it. We agree.

The principles involved in the construction of insurance policies are the same as those involved in construing other contracts. The contracts must be interpreted according to the sense and meaning of the terms which the parties use. (Automobile Underwriters, Inc. v. Hardware Mutual Casualty Co. (1970), 120 Ill. App. 2d 159, 166, 256 N.E.2d 463, 466.) Where the terms of an insurance policy are clear and unambiguous, the court must give effect to the intent of the parties to the contract in accordance with the clear expression of agreement. (McCann v. Continental Casualty Co. (1956), 8 Ill. 2d 476, 482, 134 N.E.2d 302.) In this case, the clear language of the policy endorsements quoted above evinces an intent to provide coverage broader than that specified in the policy itself, i.e., $15,000 bodily injury liability per person per occurrence, only where, and to the extent, State law applicable to the policy requires that such broader coverage be provided.

The theory of plaintiff’s case is that the Missouri Motor Vehicle Safety Responsibility Law (Mo. Rev. Stat. sec. 303.010 et seq. (1978)), requires all nonresident motorists driving in Missouri to maintain insurance providing bodily injury liability coverage of not less than $25,000 per person per occurrence. Because Moorland, a nonresident, was driving in Missouri when the accident took place, plaintiff reasons that Missouri’s statutory coverage requirements are applicable and must therefore be read into the Moorland policy through the aforementioned endorsements. Analysis of the Missouri Motor Vehicle Safety Responsibility Law (Mo. Rev. Stat. sec. 303.010 et seq. (1978)) reveals this contention to be untenable.

To determine the proper construction of a Missouri statute, we must look to Missouri case law. (See In re Estate of JensiJc (1962), 34 Ill. App. 2d 130, 139, 180 N.E.2d 740.) As Justice Thompson held over 60 years ago, “The courts of Illinois are committed to the doctrine of accepting the decisions of courts of a foreign state in construing and applying the statutes of such foreign states.” (Wilkinson v. Cosmopolitan Life Insurance Association (1910), 154 Ill. App. 195, 199.) Missouri case law establishes that mandatory insurance coverage is not the public policy of that State and that one may therefore lawfully own or operate an automobile in Missouri without having first secured automobile liability insurance. (Harrison v. MFA Insurance Co. (Mo. 1980), 607 S.W.2d 137, 143 (en banc).) Missouri’s Motor Vehicle Safety Responsibility law (Mo. Rev. Stat. sec. 303.010 et seq. (1978)) creates no exception to this rule. Contrary to plaintiff’s assertion, the statute imposes no requirement that owners or operators of motor vehicles carry any liability insurance in any amount. (Gabler v. Continental Casualty Co. (Mo. App. 1956), 295 S.W.2d 194, 196.) Under the statute, procurement of liability insurance is voluntary, not compulsory. Perkins v. Perkins (Mo. App. 1955), 284 S.W.2d 603, 609.

A critical feature of the statute, which plaintiff fails to comprehend, is that its provisions come into play, if at all, only after occurrence of a motor vehicle accident in Missouri.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Burress v. Sanders
31 S.W.3d 259 (Court of Appeals of Tennessee, 2000)
Magee Ex Rel. Chefwear, Inc. v. Huppin-Fleck
664 N.E.2d 246 (Appellate Court of Illinois, 1996)
Cortes v. Ryder Truck Rental, Inc.
581 N.E.2d 1 (Appellate Court of Illinois, 1991)
Farm Bureau Mutual Insurance v. Old Hickory Casualty Insurance
810 P.2d 283 (Supreme Court of Kansas, 1991)
De Los Reyes v. Travelers Insurance Companies
553 N.E.2d 301 (Illinois Supreme Court, 1990)
Delos Reyes v. Travelers Insurance Companies
529 N.E.2d 764 (Appellate Court of Illinois, 1988)
Protective Casualty Insurance Co. v. Cook
734 S.W.2d 898 (Missouri Court of Appeals, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
487 N.E.2d 1289, 139 Ill. App. 3d 1082, 94 Ill. Dec. 412, 1986 Ill. App. LEXIS 1834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisdom-v-stonewall-insurance-co-illappct-1986.