Yaccino v. State Farm Mutual Automobile Insurance Co.

804 N.E.2d 677, 346 Ill. App. 3d 431
CourtAppellate Court of Illinois
DecidedFebruary 5, 2004
Docket2-02-1247, 2-02-1248 cons. Rel
StatusPublished
Cited by10 cases

This text of 804 N.E.2d 677 (Yaccino v. State Farm Mutual Automobile 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
Yaccino v. State Farm Mutual Automobile Insurance Co., 804 N.E.2d 677, 346 Ill. App. 3d 431 (Ill. Ct. App. 2004).

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

Plaintiff, Michael Yaccino, sought a declaratory judgment (735 ILCS 5/2 — 701 (West 2002)) specifying whether defendant and cross-plaintiff-appellant, State Farm Mutual Automobile Insurance Company’s (State Farm’s) and defendant and cross-defendant-appellee, Intergovernmental Risk Management Agency’s (IRMA’s) uninsured motorist coverages were primary or excess. State Farm filed a cross-claim against IRMA, seeking a declaration that IRMA’s uninsured motorist coverage was primary and that State Farm’s was excess. Upon cross-motions for summary judgment (735 ILCS 5/2 — 1005 (West 2002)) on State Farm’s cross-claim and on part of plaintiffs complaint, the trial court found that State Farm’s coverage was primary and IRMA’s was excess, and it granted IRMA and the City of West Chicago’s motion. In appeal number 2 — 02—1247, State Farm appeals that order.

Upon subsequent cross-motions for summary judgment addressing the extent of IRMA’s coverage, the trial court found, inter alia, that Officer Michael Beamish was not a necessary party to the litigation, and it granted plaintiffs and State Farm’s motions and denied IRMA and West Chicago’s motion. In appeal number 2 — 02—1248, IRMA and West Chicago appeal the trial court’s finding that Officer Beamish was not a necessary party.

We affirm in appeal number 2 — 02—1247, and we dismiss appeal number 2 — 02—1248 as moot.

I. BACKGROUND

In his complaint, plaintiff alleged that, on December 18, 1999, he occupied a police vehicle that was stopped facing south off of Route 59 in West Chicago. The police vehicle was owned by West Chicago and insured by IRMA. Codefendant Guadalupe Alba was driving a vehicle owned by codefendant Veronica Flores. The vehicle operated by Alba, which was traveling south on Route 59, left the roadway and struck the police vehicle occupied by plaintiff, resulting in personal injuries to plaintiff. The Alba vehicle was uninsured.

State Farm had issued to plaintiff an automobile insurance policy. The policy provides, in relevant part:

“UNINSURED MOTOR VEHICLE — COVERAGE U You have this coverage if ‘U’ appears in the ‘Coverages-’ space on the declarations page.
We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be sustained by an insured and caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.
UNINSURED MOTOR VEHICLE — COVERAGE Ul (Damages for Bodily Injury or Property Damage Caused by Uninsured Motor Vehicles)
You have this coverage if ‘Ul’ appears in the ‘Coverages’ space on the declarations page.
We will pay damages for:
1. bodily injury an insured is legally entitled to collect from the owner or operator of an uninsured motor vehicle; and
2. property damage an insured is legally entitled to collect:
a. as the result of actual physical contact of an uninsured motor vehicle with your car or a newly acquired car, and
b. if the owner or operator of the at-fault uninsured motor vehicle is identified.
The bodily injury must be sustained by an insured. The bodily injury or property damage must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.
If There Is Other Uninsured Motor Vehicle Coverage — Coverages U and Ul
1. If uninsured motor vehicle coverage for bodily injury is available to an insured from more than one policy provided by us or any other insurer, the total limit of liability available from all policies provided by all insurers shall not exceed the limit of liability of the single policy providing the highest limit of liability. This is the most that will be paid regardless of the number of policies involved, persons covered, claims made, vehicles insured, premiums paid or vehicles involved in the accident.
2. Subject to item 1 above, any coverage applicable under this policy shall apply:
a. on a primary basis if the insured sustains bodily
injury while occupying your car, or while not occupying a motor vehicle or trailer.
b. on an excess basis if the insured sustains bodily injury while occupying a vehicle not owned by or leased to you, your spouse or any relative.” (Emphasis added.)

IRMA, a pool of self-insured municipalities, had issued to West Chicago a coverage document effective January 1, 1999, through December 31, 1999. Section IV of the “Business Auto Coverage Form” of the IRMA document, which is entitled “Business Auto Conditions,” provides in relevant part:

“5. Other Insurance
a. For any covered ‘auto’ you own, this Coverage Form provides primary coverage. For any covered ‘auto’ you don’t own, the coverage provided by this Coverage Form is excess over any other collectible insurance.
d. When this Coverage Form and any other insurance policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Coverage of our Coverage Form bears to the total of the limits of all the Coverage Forms and insurance policies covering on the same basis.”

A section entitled “Illinois Uninsured Motorists Coverage” (uninsured motorist amendment), which amends the “Business Auto Coverage Part,” provides in relevant part:

“A. Coverage
1. We will pay all sums the ‘Member’ is legally entitled to recover as compensatory damages from the owner or driver of an ‘uninsured motor vehicle.’ The damages must result from ‘bodily injury’ sustained by the ‘Member’ caused by an'‘accident.’ The owner’s or driver’s liability for these damages must result from the ownership, maintenance or use of the ‘uninsured motor vehicle.’ ”

A “member” is defined as “Anyone *** ‘occupying’ a covered ‘auto.’ ” A section entitled “Changes in Conditions” in the uninsured motorist amendment provides, in relevant part:

“The CONDITIONS are changed for UNINSURED MOTORISTS COVERAGE as follows:
1. OTHER INSURANCE is replaced by the following:
For any covered ‘auto’ you own, this Coverage Form provides primary coverage.

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Cite This Page — Counsel Stack

Bluebook (online)
804 N.E.2d 677, 346 Ill. App. 3d 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yaccino-v-state-farm-mutual-automobile-insurance-co-illappct-2004.