Wolfensberger v. Eastwood

889 N.E.2d 635, 382 Ill. App. 3d 924, 321 Ill. Dec. 370, 2008 Ill. App. LEXIS 418
CourtAppellate Court of Illinois
DecidedMay 12, 2008
Docket1-07-0121
StatusPublished
Cited by7 cases

This text of 889 N.E.2d 635 (Wolfensberger v. Eastwood) 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
Wolfensberger v. Eastwood, 889 N.E.2d 635, 382 Ill. App. 3d 924, 321 Ill. Dec. 370, 2008 Ill. App. LEXIS 418 (Ill. Ct. App. 2008).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

Joan Wolfensberger sued David Eastwood for injuries arising out of a car accident that occurred in the early morning hours of March 8, 2002. Wolfensberger was a passenger in the car driven by Eastwood. Wolfensberger filed a declarator judgment action against the liability insurance carrier for Eastwood’s employer, seeking coverage for her injuries. Both sides filed motions for summary judgment.

The primary question presented to the trial court was whether Eastwood was acting within the scope of his employment at the time of the accident. The trial court denied Wolfensberger’s motion and granted the insurance carrier’s motion. We affirm the order denying Wolfensberger’s motion, but we reverse the order granting the insurance carrier’s motion and remand this cause to the trial court for the determination of the factual issues.

FACTS

In March 2002, Wolfensberger and Eastwood were employees of Accenture, LLP (Accenture), a worldwide consulting business. Accenture operated a training facility in St. Charles, Illinois, for its employees. The facility contained sleeping rooms, conference rooms, and a cafeteria. On the week of the accident, Wolfensberger and Eastwood traveled from Philadelphia and Ohio, respectively, to attend training programs at the facility. Eastwood drove to the facility in his wife’s car. Wolfensberger was teaching a training session. Eastwood was attending a separate session.

On the evening of March 7, 2002, Wolfensberger, Eastwood, and another Accenture employee, Per-Anders Wendin, met in the social center at the St. Charles facility. They drank at the social center until around midnight, when the center closed.

The three left the facility and went to a bar called Scotland Yard. Eastwood drove. Scotland Yard was closing as they arrived. They then drove to a bar called the Cadillac Ranch. They stayed until about 3:30 a.m. on March 8, 2002. After leaving the Cadillac Ranch, Eastwood crossed the median and began driving in the opposite lane of traffic. The car collided with another vehicle. Wolfensberger was injured. Eastwood and Wendin were unhurt.

Wolfensberger filed a personal injury action against Eastwood. Eastwood tendered his defense to his personal insurance carrier, Geico Insurance (Geico), and to Accenture’s carrier, Illinois National Insurance Company (Illinois National). Illinois National denied coverage and never filed an appearance on behalf of Eastwood.

The parties entered into a settlement agreement for a total of $5 million to Wolfensberger and $20,000 to Paresh Sonani, a separate party who was injured in the accident. 1 The circuit court approved the settlement. The parties agreed Geico would pay Wolfensberger $285,000 and Sonani $15,000, the total of the $300,000 policy limit. The remainder of the settlement was to be satisfied under Accenture’s primary and umbrella auto liability policies issued by Illinois National “to the extent another court finds such policies applicable to David Eastwood and/or the alleged occurrence.” The primary policy has a $1 million liability limit. The umbrella policy pays on behalf of the insured “those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay,” up to $50 million. Eastwood assigned his rights against Illinois National to Wolfensberger.

Wolfensberger filed a declaratory judgment action against Illinois National. Illinois National filed a counterclaim for declaratory judgment.

Both sides filed motions for summary judgment. The trial court denied plaintiffs motion and granted the defendant’s motion.

The trial court found neither the umbrella policy nor the primary policy provided coverage because Eastwood was not acting within the scope of his employment at the time of the accident. Wolfensberger appeals the court’s judgment. Illinois National cross-appeals the trial court’s factual finding that Eastwood was a “named insured” under the umbrella policy.

DECISION

Plaintiff contends the trial court erred in granting Illinois National’s summary judgment motion. Specifically, plaintiff contends the trial court erred in determining Eastwood was not acting in the “business or personal affairs” of Accenture at the time of the accident, as required by the “Employees as Insureds” endorsement in Accenture’s commercial auto liability policy, the primary policy.

We review de novo a trial court’s grant of summary judgment. Rich v. Principal Life Insurance Co., 226 Ill. 2d 359, 370, 875 N.E.2d 1082 (2007). The construction of an insurance policy is also a question of law we review de novo. Rich, 226 Ill. 2d at 370-71.

Our primary objective in construing the language of an insurance policy is to determine and give effect to the intention of the parties as expressed by the words of the policy. Rich, 226 Ill. 2d at 371; Profitt v. OneBeacon Insurance, 363 Ill. App. 3d 959, 962, 845 N.E.2d 715 (2006). “If the words used in a policy are clear and unambiguous, they must be given their plain, ordinary, and popular meaning [citation], and the policy will be applied as written, unless it contravenes public policy.” Rich, 226 Ill. 2d at 371; Profitt, 363 Ill. App. 3d at 962. A contract is not ambiguous, however, simply because the parties disagree on a provision’s meaning. Rich, 226 Ill. 2d at 372; Central Illinois Light Co. v. Home Insurance Co., 213 Ill. 2d 141, 153, 821 N.E.2d 206 (2004).

We consider only reasonable interpretations of the policy language, and we will not strain to find an ambiguity where none exists. Rich, 226 Ill. 2d at 372. “ ‘Although policy terms that limit an insurer’s liability will be liberally construed in favor of coverage, this rule of construction only comes into play when the policy is ambiguous.’ ” Rich, 226 Ill. 2d at 372, quoting Hobbs v. Hartford Insurance Co. of the Midwest, 214 Ill. 2d 11, 17, 823 N.E.2d 561 (2005).

I. Scope of Employment

At issue in this case is whether Eastwood was using a covered automobile in Accenture’s “business or personal affairs” when he was driving back from the Cadillac Ranch. The primary policy includes an “Employees as Insureds” endorsement. It provides: “Any employee of yours [Accenture’s] is an ‘insured’ while using a covered ‘auto’ you don’t own, hire or borrow in your business or your personal affairs.” A “covered auto” includes a personal automobile owned by an employee or the employee’s family.

The use of the term “personal affairs” in the “employees as insureds” endorsement makes this case unique in this state. Plaintiff contends the “personal affairs” language added coverage to the policy for employee activities that might not be strictly business related, such as after-hours social networking for the benefit of Accenture.

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Cite This Page — Counsel Stack

Bluebook (online)
889 N.E.2d 635, 382 Ill. App. 3d 924, 321 Ill. Dec. 370, 2008 Ill. App. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolfensberger-v-eastwood-illappct-2008.