Keepes v. Doctors Convalescent Center, Inc., Gen. No. 66--146
| Court | United States Appellate Court of Illinois |
| Writing for the Court | CREBS; GEORGE J. MORAN, P.J., and EBERSPACHER |
| Citation | 89 Ill.App.2d 36,231 N.E.2d 274 |
| Decision Date | 14 November 1967 |
| Docket Number | Gen. No. 66--146 |
| Parties | Andrew Scott KEEPES, a Minor Who Sues by Raymond Keepes, His Father and Next Friend, and Raymond Keepes, Plaintiffs, v. The DOCTORS CONVALESCENT CENTER, INC., a Corporation, Defendant. The DOCTORS CONVALESCENT CENTER, INC., a Corporation, Defendant-Third-Party Plaintiff-Appellee, v. GREAT AMERICAN INSURANCE COMPANY, a Corporation, Third-Party-Defendant, Appellant. |
Page 274
Father and Next Friend, and Raymond Keepes, Plaintiffs,
v.
The DOCTORS CONVALESCENT CENTER, INC., a Corporation, Defendant.
The DOCTORS CONVALESCENT CENTER, INC., a Corporation,
Defendant-Third-Party Plaintiff-Appellee,
v.
GREAT AMERICAN INSURANCE COMPANY, a Corporation,
Third-Party-Defendant, Appellant.
[89 Ill.App.2d 37] Pope & Driemeyer, East St. Louis, for appellant, W. Thomas Coghill, Jr., East St. Louis, of counsel.
Page 275
Goldenhersh & Goldenhersh, East St. Louis, for appellee. Michael A. Katz, East St. Louis, of counsel.
CREBS, Justice.
This is an action for declaratory judgment on an insurance policy seeking to compel appellant insurance Company to satisfy a judgment for personal injuries entered against appellee Convalescent Center in favor of plaintiffs, Andrew Scott Keepes, a minor, and Raymond Keepes. On motion of the Convalescent Center for summary judgment, the trial court entered judgment against the Insurance Company from which this appeal is taken.
On March 21, 1965 Andrew Scott Keepes, being then about 18 months old, was badly burned by coming into contact with a hot radiator. This infant had been mentally and physically retarded since his birth and had been living at the Convalescent Center for about four months prior to this occurrence.
The insurance policy had an endorsement labeled 'Exclusion of Malpractice and Professional Service' which provided: 'the policy does not apply to injury, sickness, disease, death or destruction due to
1. The rendering or failure to render (a) medical, surgical, dental, x-ray or nursing service or treatment, or the furnishing of food or beverages in connection therewith,
[89 Ill.App.2d 38] (b) any service or treatment conducive to health or of a professional nature.'
The principal point in dispute is whether or not this endorsement excludes coverage for this accident.
Plaintiff's complaint in the original suit charged the Doctors Convalescent Center with the following acts of negligence:
a) The defendant failed and omitted to exercise any supervision and control over said plaintiff when the defendant well knew the plaintiff, because of his age and disability, was totally unable to care for himself and to appreciate the dangers attendant upon coming in contact with a radiator.
b) The defendant placed said child in a room where the danger of coming into contact with a hot radiator was well known to it, and because of plaintiff's physical and mental handicap could not...
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Cramer v. Insurance Exchange Agency, No. 79943
...Fire Insurance Co., 721 F.Supp. 984 (N.D.Ill.1989) (refusal to contribute to settlement); Keepes v. Doctors Convalescent Center, Inc., 89 Ill.App.2d 36, 231 N.E.2d 274 (1967) (refusal to pay insured's creditors); Phillips v. Inter-Insurance Exchange of the Chicago Motor Club, 91 Ill.App.3d ......
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Jefferson Ins. Co. of New York v. National Union Fire Ins. Co. of Pittsburgh, Pa., No. 95-P-1618
...insurance policies otherwise providing coverage for damages from negligent acts. See, e.g., Keepes v. Doctors Convalescent Center, Inc., 89 Ill.App.2d 36, 40, 231 N.E.2d 274 (1967) (maid negligently leaving young child unattended on floor did not constitute the failure to render professiona......
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Hirst v. St. Paul Fire & Marine Ins. Co., No. 14343
...Gulf Ins. Co. v. Gold Cross Ambulance Service Co., 327 F.Supp. 149 (W.D.Okla.1971); Keepes v. Doctors Convalescent Center, Inc., 89 Ill.App.2d 36, 231 N.E.2d 274 (1967); Tankersley v. Insurance Company of North America, 216 So.2d 333 (La.App.1968); Robertson v. Maher, 177 So.2d 412 (La.App.......
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Duke University v. St. Paul Fire and Marine Ins. Co., No. 8914SC33
...Cross Ambulance Serv. Co., supra (ambulance service held not to be a professional service); Keepes v. Doctors Convalescent Center, Inc., 89 Ill.App.2d 36, 231 N.E.2d 274 (1967) (child who was receiving care in a home for retarded children suffered burns from a radiator); D'Antoni v. Sara Ma......
-
Cramer v. Insurance Exchange Agency, No. 79943
...Fire Insurance Co., 721 F.Supp. 984 (N.D.Ill.1989) (refusal to contribute to settlement); Keepes v. Doctors Convalescent Center, Inc., 89 Ill.App.2d 36, 231 N.E.2d 274 (1967) (refusal to pay insured's creditors); Phillips v. Inter-Insurance Exchange of the Chicago Motor Club, 91 Ill.App.3d ......
-
Jefferson Ins. Co. of New York v. National Union Fire Ins. Co. of Pittsburgh, Pa., No. 95-P-1618
...insurance policies otherwise providing coverage for damages from negligent acts. See, e.g., Keepes v. Doctors Convalescent Center, Inc., 89 Ill.App.2d 36, 40, 231 N.E.2d 274 (1967) (maid negligently leaving young child unattended on floor did not constitute the failure to render professiona......
-
Hirst v. St. Paul Fire & Marine Ins. Co., No. 14343
...Gulf Ins. Co. v. Gold Cross Ambulance Service Co., 327 F.Supp. 149 (W.D.Okla.1971); Keepes v. Doctors Convalescent Center, Inc., 89 Ill.App.2d 36, 231 N.E.2d 274 (1967); Tankersley v. Insurance Company of North America, 216 So.2d 333 (La.App.1968); Robertson v. Maher, 177 So.2d 412 (La.App.......
-
Duke University v. St. Paul Fire and Marine Ins. Co., No. 8914SC33
...Cross Ambulance Serv. Co., supra (ambulance service held not to be a professional service); Keepes v. Doctors Convalescent Center, Inc., 89 Ill.App.2d 36, 231 N.E.2d 274 (1967) (child who was receiving care in a home for retarded children suffered burns from a radiator); D'Antoni v. Sara Ma......