Madison County Mut. Auto. Ins. Co. v. Goodpasture
| Decision Date | 24 November 1971 |
| Docket Number | No. 44192,44192 |
| Citation | 276 N.E.2d 289,49 Ill.2d 555 |
| Parties | MADISON COUNTY MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee, v. Mary GOODPASTURE, Appellant. |
| Court | Illinois Supreme Court |
Burton C. Bernard and Joseph R. Davidson, Edwardsville, for appellant.
Ross Armbruster, Alton, for appellee.
Plaintiff Madison County Mutual Insurance Company (Madison) sought a declaratory judgment to determine whether the uninsured motor vehicle provision of its automobile insurance policy is applicable to claims against the uninsured driver of a named insured's automobile when the named insured is injured while riding as a passenger. The trial court found the provision to be inapplicable, the appellate court reversed (267 N.E.2d 31) and we granted leave to appeal. 46 Ill.2d 593.
There is no dispute as to the facts. On April 11, 1965, defendant Mary Goodpasture was riding as a passenger in her automobile which was being driven by John Wright with her permission. An accident occurred and defendant suffered personal injuries. The Goodpasture car was insured by Madison, and it is conceded that under the policy provisions the named insured is not entitled to recovery under the liability portion of the policy and the sole issue presented is whether the uninsured motor vehicle coverage applies.
Madison's argument is based on the plain language of the policy. The insuring agreement providing uninsured motor vehicle coverage provides: 'The company will pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury, sickness or disease, including death resulting therefrom, hereinafter called 'bodily injury', sustained by the insured, caused by accident arising out of the ownership, maintenance or use of such uninsured automobile * * *.' An uninsured automobile is defined in the policy as: '(1) an automobile with respect to the * * * use of which there is * * * no bodily injury * * * insurance policy applicable at the time of the accident * * * or with respect to which there is a bodily injury * * * insurance policy applicable at the time of the accident but the company writing the same denies coverage thereunder; * * * but the term 'uninsured automobile' shall not include: (i) an insured automobile * * *.'
An insured automobile is defined as an automobile 'described in the schedule as an insured automobile to which the bodily injury liability coverage of the (policy) applies; * * *.'
Madison contends that since the car in ...
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