Rockford Mut. Ins. Co. v. Economy Fire & Cas. Co., 5-90-0363

Decision Date19 July 1991
Docket NumberNo. 5-90-0363,5-90-0363
CourtUnited States Appellate Court of Illinois
Parties, 160 Ill.Dec. 187 ROCKFORD MUTUAL INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. ECONOMY FIRE & CASUALTY COMPANY, a corporation; Estate of John M. Durbin, Deceased; Suzanne Fred; Charles E. Fred; Defendants-Appellees (Barbara A. Grace, Individually and as Administrator of the Estate of Larry Gene Sneed, Deceased, Defendant-Appellant).

Page 1141

576 N.E.2d 1141
217 Ill.App.3d 181, 160 Ill.Dec. 187
ROCKFORD MUTUAL INSURANCE COMPANY, a corporation, Plaintiff-Appellant,
v.
ECONOMY FIRE & CASUALTY COMPANY, a corporation; Estate of
John M. Durbin, Deceased; Suzanne Fred; Charles E. Fred;
Defendants-Appellees (Barbara A. Grace, Individually and as
Administrator of the Estate of Larry Gene Sneed, Deceased,
Defendant-Appellant).
No. 5-90-0363.
Appellate Court of Illinois,
Fifth District.
July 19, 1991.

Page 1142

[217 Ill.App.3d 182] [160 Ill.Dec. 188] Patrick T. Moos, Moos, Schmitt & O'Brien, Peoria, Barbara A. Grace, Paul R. Lynch and Melissa S. Ellison of Craig & Craig, Mt. Vernon, for Rockford Mut. Ins. Co.

Richard A. Cary and Jennifer W. Price, Wham & Wham, Centralia, for Economy Fire & Cas. Co.

Justice WELCH delivered the opinion of the court:

This is a declaratory judgment action brought in the circuit court of Marion County by plaintiff, Rockford Mutual Insurance Company, against defendants, Economy Fire & Casualty Company, the estate of John M. Durbin, deceased, Suzanne Fred, Charles E. Fred, and Barbara A. Grace, individually and as administrator of the estate of Larry Gene Sneed, deceased. The dispute revolves around which of the two insurance companies must provide coverage for the death of Larry Gene Sneed, who was killed when riding as a passenger in a motor vehicle owned by

Page 1143

[160 Ill.Dec. 189] Suzanne and Charles Fred but driven by John M. Durbin. On March 29, 1990, the circuit court of Marion County entered a summary judgment finding that the insurance policy issued by Economy Fire & Casualty Company (hereinafter "Economy") to Suzanne and Charles Fred was not applicable[217 Ill.App.3d 183] to the instant loss. Rockford Mutual Insurance Company (hereinafter "Rockford") and Barbara A. Grace appeal.

Economy had issued a policy of insurance to Suzanne and Charles Fred in which the Freds were the named insureds and a 1984 Ford Tempo automobile was the named vehicle. That standard policy provided "uninsured motorist" coverage as follows:

"We will pay damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by a covered person and caused by an accident. The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle. * * *

"Covered person" as used in this Part means:

1. You or any family member.

2. Any other person occupying your covered auto."

The policy also contains a separate "named driver exclusion endorsement" which provides:

"In consideration of the premium at which this policy is written, it is agreed that all coverage afforded by this policy is void and shall not apply to any claim or suit which occurs as the result of any auto being operated by the following person(s):

John M. Durbin

* * * * * *

All other conditions, stipulations, representations and limitations stated in the policy not in conflict herewith remain the same."

John M. Durbin is the son of Suzanne Fred. This endorsement is attached to the standard policy and is signed by the Freds.

On January 17, 1987, Larry Gene Sneed was killed while riding as a passenger in the Fred's 1984 Ford Tempo automobile, operated by John M. Durbin. Durbin was also killed. Sneed was the son of defendant Barbara A. Grace and, at the time of the accident, resided in the same household with Grace. Grace was insured by Rockford and, after Economy denied coverage for the death of her...

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