Lobe for Use of Koziol v. Bankers Indem. Ins. Co.
| Decision Date | 09 May 1951 |
| Docket Number | Gen. No. 45273 |
| Citation | 343 Ill.App. 500,99 N.E.2d 588 |
| Parties | LOBE for Use of KOZIOL v. BANKERS INDEMNITY INS. CO. |
| Court | United States Appellate Court of Illinois |
Kerwin, Ruff, Grotefeld & Kiley, Chicago, William S. Grotefeld, Donald M. Roche, Chicago of counsel, for appellant.
David A. Riskind, Merwyn E. Cedar, Chicago, for appellee.
This is a garnishment proceeding based upon a garage liability insurance policy issued by Bankers Indemnity Insurance Company to Andrew Lobe doing business as Andy's Garage. At the time the policy was in force Andrew Lobe while driving an automobile owned by his wife Irma Lobe, struck Bernice Kamykowski inflicting injuries which resulted in her death. Evelyn Koziol, administratrix of the Estate of Bernice Kamykowski, brought an action against Andrew Lobe and Irma Lobe, his wife, for wrongful death. A default judgment in the sum of $5,000 and costs was entered against the Lobes, and execution was issued on the judgment and returned nulla bona. The present proceeding was instituted against the insurance company for the use of the administratrix to recover the amount of her judgment against the Lobes.
The plaintiff filed interrogatories which the insurance company as garnishee answered, stating in substance that the Lobes were not insured by the garnishee for the accident upon which the judgment was rendered in the original suit. Trial by the court without a jury resulted in a finding and judgment against the insurance company as garnishee, from which judgment the insurance company appeals.
The pertinent provisions of the policy are as follows: Under the title of 'Insuring agreements,' and sub-title 'Definition of Operations'----
'Division 1--Automobile Dealer or Repair Shop--The ownership, maintenance, occupation or use of the premises herein designated, including the public ways immediately adjoining, for the purpose of an automobile dealer or repair shop, and all operations either on the premises or elsewhere which are necessary and incidental thereto, including repairs of automobiles or their parts, and ordinary repairs of buildings on the premises and the mechanical equipment thereof; and the ownership, maintenance or use of any automobile for any purpose in connection with the above defined operations, and also for pleasure use.'
Under the designation 'Exclusions,' paragraph '(h)' listed under 'This policy does not apply,' reads: 'to any partner, if the named insured is a partnership, with respect to any automobile owned by such partner or by any other partner of the named insured or by a member of the family of any such person; or, if the named insured is an individual, to any automobile owned by a member of the named insured's family.'
The basic question presented is whether application of the exclusion precludes liability of the insurance company under its policy.
The essential facts are substantially undisputed. Irma Lobe, wife of Andrew Lobe, purchased a 1934 Chrysler sedan for the sum of fifty dollars out of her funds and for her personal use. At the time of the accident and for several years preceding it Andrew Lobe operated a garage in the City of Chicago. October 6, 1949 Irma Lobe's automobile was placed in Andrew Lobe's garage for repairs. Late in the afternoon of that day, Andrew Lobe using his wife's automobile transported a patron, one Sam Demico, to his home. Demico's...
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Mingledorff v. Bell
...exclusionary clause. Employees are not included in the definition of an insured person in the policy here. In Lobe v. Bankers Indemnity Ins. Co., 343 ILL.App. 500, 99 N.E.2d 588 it was held that under a policy covering ownership, maintenance and use of the premises as a repair shop and 'own......