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Fellhauer v. Alhorn
State: Illinois
Court: 4th District Appellate
Docket No: 4-05-0220 Rel
Case Date: 10/24/2005

NO. 4-05-0220

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

 

BRADLEY J. FELLHAUER,
                       Plaintiff-Appellant,
                       v.
NICOLE J. ALHORN,
                      Defendant,
                      and
ENTERPRISE RENT-A-CAR COMPANY-MIDWEST,
                      Garnishee-Appellee.
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Appeal from
Circuit Court of
Morgan County
No. 04L7

Honorable
Tim P. Olson,
Judge Presiding.


JUSTICE APPLETON delivered the opinion of the court:

Plaintiff, Bradley J. Fellhauer, suffered injuriesafter being struck on his motorcycle by a vehicle owned bygarnishee, Enterprise Rent-A-Car Company-Midwest (Enterprise),and driven by defendant, Nicole J. Alhorn. Fellhauer sued Alhornfor his personal injuries and was awarded a default judgmentagainst her in the amount of $450,000. Fellhauer initiatedgarnishment proceedings against Enterprise to collect the judgment. In response, Enterprise filed a motion to quash thegarnishment summons and discharge it as garnishee. The trialcourt denied the motion to quash but limited Enterprise's liability to $50,000. Fellhauer appeals the court's decision, claimingEnterprise is liable for the entire judgment amount. We affirm.

I. BACKGROUND

According to Fellhauer's complaint, on June 29, 2003,he was operating his motorcycle on Morton Avenue in Jacksonville,Illinois. Alhorn, operating a vehicle owned by Enterprise, wasproceeding on Morton Avenue in the opposite direction and turnedleft onto Church Street in the path of Fellhauer's motorcycle,causing him injuries.

On February 20, 2004, Fellhauer filed a complaintagainst Alhorn, alleging she negligently operated Enterprise'svehicle in such a way as to proximately cause injuries to Fellhauer. Alhorn failed to answer or appear, and on May 24, 2004,Fellhauer obtained a default judgment against her in the amountof $450,000. Alhorn was not insured and had declined coveragewith Enterprise at the time she leased the vehicle.

On August 5, 2004, Fellhauer initiated garnishmentproceedings against Enterprise. Fellhauer relied on chapter 9 ofthe Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/9-101through 9-110 (West 2002)) to support his claim that Enterprise,as lessor of the vehicle, was liable for his injuries caused byAlhorn, the lessee.

On September 3, 2004, Enterprise filed a motion toquash the garnishment summons, claiming garnishment was not theproper procedure for trying to collect the judgment from Enterprise. In the alternative, Enterprise claimed it held $50,000for Fellhauer's benefit pursuant to the "State of Illinois'Minimum Financial Responsibility laws." Enterprise claimed itsliability was limited to $50,000.

On September 20, 2004, Fellhauer filed a memorandum oflaw in response to Enterprise's motion to quash, arguing garnishment was the proper method for collecting on the judgment and,because Enterprise was self-insured, its liability extendedbeyond the minimum $50,000 policy limits it would have beenrequired to carry had it purchased an insurance policy to coverits losses. Citing section 9-105 of the Vehicle Code (625 ILCS5/9-105 (West 2002)), Fellhauer argued that nothing in thestatute suggested that a rental-car company's financial responsibility was limited to the amount of the policy limits. Accordingto Fellhauer, Enterprise's choice to be self-insured meant itassumed all of the risk of damages caused by its lessees.

On November 8, 2004, Enterprise filed a supplement toits motion to quash, claiming Alhorn's decision not to purchasesupplemental insurance from Enterprise effectively nullifiedFellhauer's damages in excess of $50,000. Enterprise attached toits supplemental motion to quash a copy of Alhorn's car-rentalagreement.

On March 4, 2005, the trial court issued its decision,finding the Vehicle Code "evidences the policy of this State thatowners of a rental vehicle carry a minimum amount of liabilityinsurance in one of three ways." Enterprise chose to be self-insured and "by their contract with the renter[,] limited theliability according to the minimum amount as established by thelegislature." The court denied Enterprise's motion to quash butfound Enterprise's liability was limited to $50,000. The courtentered a $50,000 conditional judgment against Enterprise. Thisappeal followed.

II. ANALYSIS

The trial court found the statutory sections governingfor-rent vehicles (625 ILCS 5/9-101 through 9-110 (West 2002)),when read together, indicated the legislature intended to limitthe financial responsibility of self-insured owners of for-rentvehicles to $50,000 to injured third parties. Fellhauer claimsthe statutes set no limits on liability for self-insured owners.

We are called upon to apply statutes and legal precedent to the undisputed facts. Therefore, our review is de novo. People v. Blair, 215 Ill. 2d 427, 443, 831 N.E.2d 604, 614 (2005)(appellate courts review a statutory interpretation issue denovo).

Fellhauer was awarded $450,000 in damages. Our dutyhere is to determine whether Enterprise's liability is confinedto $50,000 (as the trial court ruled) or whether Enterprise hasunlimited exposure to Fellhauer's damages. To make this determination, we must consider chapter 9 of the Vehicle Code in itsentirety based on its general purpose and objective. Becausechapter 9 does not clearly articulate the legislature's intentwith regard to the issue presented here, we must interpret thestatute to determine the legislative intent as it relates to theliability and responsibility of self-insurers. In doing so, weare guided by the rules of statutory construction.

"The cardinal rule of statutory construction, to whichall other rules and canons are subordinate, is to ascertain andgive effect to the true intent of the legislature." People exrel. Director of Corrections v. Booth, 215 Ill. 2d 416, 423, 830N.E.2d 569, 573 (2005). Reviewing courts should evaluate thestatute's provisions as a whole and in relation to other relevantsections. The statutory language must be given its plain,ordinary, and popularly understood meaning. Booth, 215 Ill. 2dat 423, 830 N.E.2d at 573.

A. The Statutes

Because the statutory language of chapter 9 is important to this disposition, a brief summary of the individualstatutory sections within chapter 9 follows. Section 9-101 ofthe Vehicle Code (625 ILCS 5/9-101 (West 2002)) requires theowner of for-rent vehicles, like Enterprise, to file proof offinancial responsibility with the Illinois Secretary of State(Secretary). Proof of financial responsibility may come in oneof three forms: (1) a bond, (2) an insurance policy, or (3) acertificate of self-insurance issued by the Director of theIllinois Department of Insurance. 625 ILCS 5/9-102 (West 2002).

Section 9-103 (625 ILCS 5/9-103 (West 2002)) sets forththe requirements that the owner's bond shall be conditioned thatthe owner "will pay any judgment within 30 days after it becomesfinal" entered as a result of injury caused by the rented vehicle. The bond shall be in the penal sum of $100,000 and executedby an authorized surety individual or company. See 625 ILCS 5/9-103 (West 2002).

Section 9-104 governs the procedures of a surety'swithdrawal from the bond. Upon the withdrawal, the owner shallfile another "bond or insurance policy" in compliance with theprovisions of chapter 9. See 625 ILCS 5/9-104 (West 2002).

Section 9-105, which sets forth the requirements for aninsurance policy, requires the owners of for-rent vehicles tosecure a policy insuring the operator of the rented motor vehicleagainst liability for bodily injury in the minimum amount of$50,000 per person and $100,000 per occurrence. The policy mustprovide that "the insurance carrier will pay any judgment within30 days after it becomes final" entered as a result of injurycaused by the rented vehicle. 625 ILCS 5/9-105 (West 2002).

Section 9-108 requires that any person desiring toengage in the business of renting out motor vehicles must presentto the Secretary an application for the approval of the "insurance policy or bond" he or she has obtained as required bysection 9-102. Upon approval, the Secretary shall issue acertificate of compliance to the applicant. See 625 ILCS 5/9-108(West 2002).

Section 9-109 authorizes the Secretary to cancel thecertificate of compliance when the owner's "bond or policy" hasbecome inoperative for any reason. See 625 ILCS 5/9-109 (West2002). Section 9-110 sets forth the penalties for violations ofchapter 9. See 625 ILCS 5/9-110 (West 2002).

B. Self-Insurance Defined

"The term 'self-insurance' has no precise legal meaning." 1A Couch on Insurance 3d

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