Willison v. Economy Fire & Casualty Co.
State: Illinois
Court: 4th District Appellate
Docket No: 4-97-0462
Case Date: 02/09/1998
NO. 4-97-0462
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
JOHN G. WILLISON, ) Appeal from
Plaintiff-Appellant, ) Circuit Court of
v. ) Douglas County
ECONOMY FIRE & CASUALTY COMPANY, ) No. 96MR9
Defendant-Appellee. )
) Honorable
) Frank W. Lincoln,
) Judge Presiding.
_________________________________________________________________
PRESIDING JUSTICE GARMAN delivered the opinion of the
court:
This is a declaratory judgment action filed in the
circuit court of Douglas County by plaintiff John G. Willison
against defendant Economy Fire and Casualty Company, seeking a
declaratory judgment as to the rights and liabilities of the
parties with respect to a personal auto insurance policy issued by
defendant to plaintiff's parents. Plaintiff was injured in an
automobile accident and sought to stack underinsured motorist (UIM)
coverage under the personal auto policy with the UIM coverage under
his father's business auto policy, also issued by defendant.
Plaintiff had previously recovered UIM benefits under the business
auto policy. Both parties filed motions for summary judgment. The
trial court denied plaintiff's motion and entered summary judgment
for defendant. Plaintiff now appeals. We affirm.
Plaintiff's complaint was filed in June 1996 and alleged
that defendant had issued to his parents two policies of automobile
liability insurance. One was a business auto policy and the other
was a personal auto policy. On December 31, 1994, plaintiff was a
passenger in an automobile and was involved in an accident in which
he sustained bodily injuries. At the time, plaintiff was living
with his parents. Plaintiff recovered $75,000 (the policy limits)
from the insurance company insuring the driver. Plaintiff later
recovered $25,000 under the UIM provisions of the business auto
policy issued by defendant, which represented the limits of UIM
benefits available under that policy. Plaintiff made a demand upon
defendant for benefits under the UIM provision of the personal auto
policy, but the demand was refused as the parties did not agree on
which provisions of the policy applied to plaintiff's demand.
In defendant's answer, it alleged that both the personal
auto policy and the business auto policy have a limit of $100,000
(each person) of UIM coverage.
On July 22, 1996, defendant filed a motion for summary
judgment. UIM coverage had been added as an amendatory endorsement
to the personal auto policy. That endorsement replaced former part
IV of the policy, which had covered only uninsured motorist
benefits. The provisions of the personal auto policy in question
are as follows:
"PERSONAL AUTO FORM
***
DEFINITIONS
Throughout this policy, 'you' and 'your'
refer to the 'named insured' shown in the
Declarations and the spouse if a resident of
the same household. ***
* * *
Family member means a person related to
you by blood, marriage or adoption who is a
resident of your household, including a ward
or foster child, provided neither such family
member nor such family member's spouse owns a
motor vehicle.
* * *
PART VI -- GENERAL CONDITIONS
* * *
G. TWO OR MORE AUTO POLICIES
If this policy and any other auto insur-
ance policy issued to you by us apply to the
same accident, the maximum limit of our lia-
bility under all the policies shall not exceed
the highest applicable limit of liability
under any one policy.
* * *
PERSONAL AUTO UNINSURED MOTORISTS AMENDATORY--ILLINOIS
PART IV - UNINSURED MOTORISTS COVERAGE is
replaced by the following:
* * *
B. Insured as used in this Part means:
1. you or any family member.
* * *
OTHER INSURANCE
If there is other applicable similar
insuran[]ce available under more than one
policy or provision of coverage:
1. Any recovery for damages for
bodily injury sustained by an in-
sured may equal but not exceed the
higher of the applicable limit for
any one vehicle under this insurance
or any other insurance.
2. Any insurance we provide
with respect to a vehicle you do not
own shall be excess over any other
collectible insurance.
3. We will pay only our share
of the loss. Our share is the pro-
portion that our limit of liability
bears to the total of all applicable
limits."
In its motion, defendant argued that the "OTHER INSUR-
ANCE" provision of part IV (UIM coverage) of the policy applied,
thus barring plaintiff from stacking the UIM coverages of the
business auto policy and personal auto policy because plaintiff,
under the definitions stated in that part, is considered an
insured. Defendant noted that paragraph No. 1 of the "OTHER
INSURANCE" provision of part IV (UIM coverage) is commonly known as
an "anti-stacking" clause and is specifically contemplated by
section 143a-2(5) of the Illinois Insurance Code (Code) (215 ILCS
5/143a-2(5) (West 1996)), which states in pertinent part as
follows:
"Nothing herein shall prohibit an insurer
from setting forth policy terms and conditions
which provide that if the insured has coverage
available under this Section under more than
one policy or provision of coverage, any
recovery or benefits may be equal to, but may
not exceed, the higher of the applicable
limits of the respective coverage, and the
limits of liability under this Section shall
not be increased because of multiple motor
vehicles covered under the same policy of
insurance."
Defendant argued that the "OTHER INSURANCE" provision is
clear and unambiguous and should be enforced as written. As a son
of the named insured and a resident of the insured's household,
plaintiff is an insured as that term is defined in part IV (UIM
coverage) of the policy and he cannot recover more than a total of
$100,000 in UIM benefits.
On September 11, 1996, plaintiff filed a motion for
summary judgment in which he argued that the court should apply the
clause in part VI (General Conditions) of the policy entitled, "TWO
OR MORE AUTO POLICIES." Plaintiff insisted that this provision
applied because the instant case involves two policies issued by
the same carrier, whereas the clause entitled "OTHER INSURANCE" in
part IV (UIM coverage) of the policy applies only to coordination
of UIM benefits with policies issued by different carriers. On May
12, 1997, the trial court entered an order denying plaintiff's
motion for summary judgment and granting defendant's motion.
On appeal, plaintiff argues that the anti-stacking clause
in part VI (General Conditions) of the personal auto policy applies
to this case. He believes this clause applies because it refers
specifically to multiple policies issued by defendant, i.e.,
multiple policy, single carrier stacking. According to plaintiff,
the anti-stacking clause in part IV (UIM coverage) of the personal
auto policy applies only to stacking coverages in policies issued
by different carriers, i.e., multiple policy, multiple carrier
stacking.
Summary judgment is proper when the pleadings, deposi-
tions, and admissions, together with affidavits, if any, show that
there is no genuine issue of material fact and that the moving
party is entitled to judgment as a matter of law. Champaign
National Bank v. Babcock, 273 Ill. App. 3d 292, 299, 652 N.E.2d
848, 853 (1995). When ruling on a motion for summary judgment, a
trial court must view all evidence in the light most favorable to
the nonmovant. Malone v. American Cyanamid Co., 271 Ill. App. 3d
843, 845, 649 N.E.2d 493, 495 (1995). This court reviews summary
judgment orders de novo. Sandstrom v. De Silva, 268 Ill. App. 3d
932, 935, 645 N.E.2d 345, 347 (1994).
An insurance policy is a contract and must be interpreted
in accordance with rules of contract construction. Gonzalez v.
State Farm Mutual Automobile Insurance Co., 242 Ill. App. 3d 758,
762, 611 N.E.2d 38, 41 (1993). The function of a court in constru-
ing an insurance policy is to ascertain and give effect to the
intention of the parties as expressed in the policy. De los Reyes
v. Travelers Insurance Cos., 135 Ill. 2d 353, 358, 553 N.E.2d 301,
304 (1990).
"Where an ambiguity exists in an insur-
ance policy the policy is to be construed
liberally to effectuate coverage. [Citation.]
However, this rule of construction is inappli-
cable where no real ambiguity exists. [Cita-
tion.] A policy provision is ambiguous if,
considering the policy as a whole, it is
subject to more than one reasonable interpre-
tation. [Citation.] If the words of a policy
can reasonably be given their plain, ordinary
and popular meaning, the provisions should be
applied as written, and the parties should be
bound by the agreement made. [Citation.] The
interpretation and construction of an insur-
ance policy where there are no material issues
of fact is a question of law, and a reviewing
court may make an independent determination on
such a question." Allstate Insurance Co. v.
Eggermont, 180 Ill. App. 3d 55, 60-61, 535
N.E.2d 1047, 1049 (1989).
Plaintiff argues that the type of stacking determines
which clause of the personal auto policy applies in a given case.
Thus, since this case involves coverages in two different policies
issued by defendant, plaintiff believes the "TWO OR MORE AUTO
POLICIES" clause in part VI (General Conditions) of the policy
controls. Defendant, on the other hand, argues that since the
anti-stacking clause in the UIM coverage section of the personal
auto policy specifically applies to UIM coverage and does not
specifically refer to policies issued by different carriers, this
clause is the one applicable to plaintiff. If defendant's argument
is correct, plaintiff may not stack the UIM coverages of the
personal auto policy and the business auto policy because he is an
"insured" for purposes of the UIM coverage section. However, if
plaintiff's argument is correct, he would be permitted to stack UIM
coverages because he is not an "insured" under part VI (General
Conditions) of the personal auto policy.
We conclude that we must reject plaintiff's argument and
hold that he is not entitled under the personal auto policy to
stack UIM coverages. Plaintiff cites no case in which the outcome
was controlled by the type of stacking clause involved. He
contends that Illinois courts have recognized that distinguishing
the type of stacking involved in a particular case is essential to
resolution of issues raised in stacking disputes. In support of
this statement, plaintiff cites Frigo v. Motors Insurance Corp.,
271 Ill. App. 3d 50, 648 N.E.2d 180 (1995), in which plaintiffs
attempted to stack medical payments coverages and UIM coverages
under their insurance policy covering three motor vehicles. The
trial court found the policy ambiguous and granted summary judgment
to plaintiffs. The appellate court reversed, finding the policy
language clear and unambiguous that stacking was not allowed. In
the course of its opinion, the court stated that issues of coverage
raised because of multiple vehicles insured under a single policy
are best decided without regard to multiple coverage cases with
more than one policy in question. Frigo, 271 Ill. App. 3d at 59,
648 N.E.2d at 186. However, this comment was not necessary to the
outcome of the case. The Frigo court's decision rested, not on the
type of stacking involved, but on the language of the policy.
Plaintiff also cites Bruder v. Country Mutual Insurance
Co., 156 Ill. 2d 179, 620 N.E.2d 355 (1993), in which a mother and
her minor child sought to stack uninsured motorist coverages of two
policies issued by the defendant. The question as to who was
allowed to stack coverages was resolved by looking to the language
of the anti-stacking clause of the policy. On ultimate appeal to
the supreme court, it was determined that the mother was not
allowed to stack because she was an insured under the policy
definition of the term "you." That term included the insured and
his or her spouse. However, the daughter was allowed to stack
coverages because she was not an insured under that definition.
Bruder, 156 Ill. 2d at 189, 620 N.E.2d at 360. Significantly, the
Bruder decision turned not on the type of stacking involved, but on
the language of the anti-stacking clause of the policy and its
applicability to the plaintiffs. Plaintiff in the instant case
believes that the "OTHER INSURANCE" provision of the UIM section of
the policy applies only to multiple policy, multiple carrier
stacking. He points out that the "TWO OR MORE AUTO POLICIES"
clause in the "GENERAL CONDITIONS" section of the personal auto
policy specifically refers to the multiple policy, single carrier
stacking issue and the "OTHER INSURANCE" provision in the UIM
section does not. Plaintiff reads the three clauses of the latter
provision together to arrive at the conclusion that it applies only
to coordination of benefits between different carriers. However,
as defendant points out, plaintiff has ignored the introductory
phrase of the "OTHER INSURANCE" provision, which states, "If there
is other applicable similar insuran[]ce available under more than
one policy or provision of coverage ***." When this introductory
phrase is read in conjunction with the first clause of the
provision, the intent of the provision becomes clear. The language
of this clause clearly applies to any type of stacking of UIM
coverages, whether multiple policy, multiple carrier or multiple
policy, single carrier or multiple vehicle, single carrier.
Nothing in the "OTHER INSURANCE" provision suggests that it applies
only to policies issued by carriers other than defendant.
Plaintiff's strained interpretation of this provision in an attempt
to make it inapplicable to policies issued by defendant is not
reasonable.
All the provisions of an insurance contract, not just an
isolated part, should be read together to interpret it and to
determine whether an ambiguity exists. General Insurance Co. of
America v. Robert B. McManus, Inc., 272 Ill. App. 3d 510, 514, 650
N.E.2d 1080, 1083 (1995). The rules of construction do not require
courts to reach strained or unreasonable interpretations that would
have the effect of invalidating the contract between the parties.
General, 272 Ill. App. 3d at 514, 650 N.E.2d at 1083. Plaintiff's
interpretation of the "OTHER INSURANCE" provision of the UIM
section of the policy seeks to create an ambiguity where none
exists. We note that the introductory phrase of that provision,
taken together with the first clause thereof, is very close to the
wording of section 143a-2(5) of the Code, the statutory authority
for anti-stacking clauses. The phrases "other applicable similar
insuran[]ce" and "any other insurance" may just as easily apply to
policies issued by defendant as to policies issued by a different
carrier.
We also note that part IV (UIM coverage) of the personal
auto policy applies specifically to UIM coverage and contains its
own set of definitions that apply to the UIM coverage. Plaintiff
does not dispute that defendant has the right to define the term
"insured" differently for UIM coverage and for other coverages. It
is a well-settled principle of contract construction that when a
contract contains both general and specific provisions relating to
the same subject, the specific provision controls. Grevas v.
United States Fidelity & Guaranty Co., 152 Ill. 2d 407, 411, 604
N.E.2d 942, 944 (1992); Dolezal v. Plastic & Reconstructive
Surgery, S.C., 266 Ill. App. 3d 1070, 1081, 640 N.E.2d 1359, 1366
(1994). In the instant case, the UIM section of the personal auto
policy contains an anti-stacking clause, together with a set of
definitions that apply only to recovery of UIM benefits under that
section. The anti-stacking clause in that section specifically
relates only to uninsured motorist and UIM coverages. There is no
ambiguity in the anti-stacking clause in part IV (UIM coverage) of
the policy. It clearly applies both to policies issued by
defendant and policies issued by other carriers. The anti-stacking
clause in part VI (General Conditions) of the policy is a more
general clause applying to other coverages available under the
policy. Thus, there is no conflict between the two anti-stacking
clauses. For these reasons, we conclude the circuit court did not
err in granting summary judgment to defendant.
Accordingly, the judgment of the circuit court granting
summary judgment to defendant is affirmed.
Affirmed.
KNECHT and STEIGMANN, JJ., concur.
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