Gass v. Carducci
| Decision Date | 22 December 1964 |
| Docket Number | Gen. No. 49424 |
| Citation | 52 Ill.App.2d 394,203 N.E.2d 289 |
| Parties | Anna M. GASS and George W. Gass, Plaintiffs-Appellees, v. Marilyn CARDUCCI, Defendant, and State Farm Mutual Automobile Insurance Company, a Corporation, Garnishee-Appellant. |
| Court | United States Appellate Court of Illinois |
Querrey, Harrow, Gulanick & Kennedy, Chicago, John T. Kennedy, Chicago, of counsel for garnishee-appellant.
John G. Phillips, Chicago, for plaintiffs-appellees, Anna M. Gass and George W. Gass.
Orner & Wasserman, Chicago, John G. Phillips and Norton Wasserman, Chicago, of counsel for defendant-appellee, Marilyn Carducci.
Appellees filed a motion in this court on November 20, 1964 to modify and clarify an opinion filed by this court on October 27, 1964, General Number 49424. Jurisdiction of this court in this matter is predicated upon Ill.Rev.Stat.1963, Chap. 77, Pars. 82, 83 & 84, which permits the filing of a motion to vacate or modify any judgment, order or decree within 30 days of its rendition.
Appellees suggest that the part of the opinion affirming the judgment in favor of Anna M. Gass and reading 'The judgment for $25,000, with interest thereon from May 4, 1961, in favor of Anna M. Gass and against the garnishee, is affirmed * * *' be modified to read 'The garnishment judgment in favor of Anna M. Gass for $25,000, with interest from May 4, 1961 on the entire judgment of $50,000 against the garnishee's insured, is affirmed * * *,' in accordance with the judgment of the trial court.
The garnishee's contract of insurance reads in part:
'* * * As respects the insurance afforded by the other terms of this policy under coverages A and B the company shall: * * * pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the company's liability thereon; * * *.'
The Illinois Supreme Court, interpreting an insurance contract clasue consisting of wording indentical to the above provision in the case of River Valley Cartage Co., Inc., v. Hawkeye-Security Ins. Co., 17 Ill.2d 242, 161 N.E.2d 101, 76 A.L.R.2d 878, held that such wording obligated the insurance company to pay interest on the entire judgment rendered against its insured, rather than merely on that part of the judgment for which the insurance company...
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