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Farmers Automobile Insurance Ass'n v. Williams
State: Illinois
Court: 2nd District Appellate
Docket No: 2-00-0091 Rel
Case Date: 04/16/2001

No. 2--00--0091

April 16, 2001

No. 2--00--0091


IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT


FARMERS AUTOMOBILE
INSURANCE ASSOCIATION,

     Plaintiff-Appellant,

v.

MATTHEW J. WILLIAMS
and JAN M. COURTNEY,

     Defendants-Appellees.

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Appeal from the Circuit Court
of De Kalb County.


No. 98--MR--109




Honorable
John W. Countryman,
Judge, Presiding.

JUSTICE CALLUM delivered the opinion of the court:

Plaintiff, the Farmers Automobile Insurance Association, appeals the trialcourt's entry of summary judgment in favor of defendants, Matthew J. Williamsand Jan M. Courtney. Plaintiff argues that the court erred in ruling thatWilliams was entitled to coverage under an insurance contract between plaintiffand Courtney. We reverse and remand.

Plaintiff's complaint contained the following allegations. Courtney, aresident of De Kalb, was the named insured on a policy issued by plaintiff. Thepolicy obligated plaintiff to provide underinsured motorist (UIM) coverage toCourtney or "any 'family member.' " The policy included the followingdefinition:

" 'Family member' means a person related to you [Courtney] by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child."

The policy was effective from May 5, 1998, through November 5, 1998.

On July 12, 1998, Williams, Courtney's son, was injured in an automobileaccident. He was a passenger in a vehicle driven by an underinsured motorist.The accident occurred in Coconut Creek, Florida, where Williams was living withhis father, Courtney's ex-husband. Williams submitted to plaintiff a claim forUIM coverage under Courtney's policy.

According to plaintiff, on the date of the accident, Williams "was not aresident of [Courtney's] household in *** Illinois but instead was a resident ofhis father's household in *** Florida." Therefore, on the date of theaccident, Williams was not covered by Courtney's policy. On those grounds,plaintiff sought a judgment declaring that it had no obligation to pay UIMbenefits to Williams.

In his answer, Williams stated that on July 12, 1998, he was a resident ofboth Courtney's household and his father's household. Further, although he was"living with his father for the purpose of attending school," he was"a permanent resident of his mother's home." Courtney's answer wasconsistent with Williams'. Thus, defendants claimed that Williams was entitledto UIM benefits under Courtney's policy with plaintiff.

After discovery, both plaintiff and defendants moved for summary judgment(735 ILCS 5/2--1005 (West 1998)). Those motions were based on the followingevidence.

In his deposition, Williams testified as follows. In 1996, he graduated highschool in Coconut Creek, Florida. While in high school, he started and ended aromantic relationship with Jodie LaCau. After graduation, Williams moved toCourtney's residence in De Kalb. He began attending Kishwaukee Community College(KCC), taking courses required for entry into the school's nursing program. Hehad a part-time job, and Courtney was helping him financially. He also receivedfinancial aid from the State of Illinois. He did not pay rent to Courtney. Whileliving in De Kalb, he resumed his relationship with LaCau, who was still inFlorida.

KCC's nursing program required two years of study. However, the program atBroward Community College (BCC), in Coconut Creek, required only 1

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