Johnson v. Davis

State: Illinois

Court: 5th District Appellate

Docket No: 5-06-0266 Rel

Case Date: 11/19/2007

Preview:NO. 5-06-0266
NOTICE Decision filed 11/19/07. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ KENNETH RANDALL JOHNSON, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Saline County. ) and ) ) DALLAS DEAN HALE, ) ) Plaintiff, ) ) v. ) No. 99-L-49 ) MARTHA L. DAVIS, ) ) Defendant, ) ) and ) ) ADDISON INSURANCE COMPANY, ) Honorable ) Bruce D. Stewart, Defendant-Appellant. ) Judge, presiding. ________________________________________________________________________ JUSTICE GOLDENHERSH delivered the opinion of the court: Defendant Addison Insurance Company (Addison) appeals from a declaratory judgment of the circuit court of Saline County allowing the underinsured-motorists coverage provided by Addison to plaintiff Kenneth Randall Johnson (Johnson) to be stacked. The policy in question provided underinsured-motorists coverage on four vehicles with limits of $50,000 per person and $100,000 per accident. The circuit court found the insurance policy ambiguous and determined that the underinsured-motorists-coverage limit of liability of $50,000 per vehicle can be stacked, making a total of $200,000 in underinsured-motorists coverage available to Johnson. Because the underinsured-motorists coverage provided by

disposition of the same.

1

Addison to Johnson is all that is involved in the instant matter, plaintiff Dallas Dean Hale (Hale) and defendant Martha L. Davis (Davis) take no part in this appeal. The issue we are asked to address is whether the underinsured-motorists coverage on the four vehicles insured by Addison's policy may be stacked. We affirm. BACKGROUND On November 12, 1998, Johnson and Hale were riding in Johnson's 1995 Dodge van, when they were involved in an automobile accident with a vehicle driven by Davis. Johnson and Hale filed suit against Davis for injuries they sustained in the accident. Davis was insured, and her carrier settled the claim with Johnson for the policy limits of $50,000. At the time of the accident, Johnson was insured under a policy issued by Addison. The policy covered the 1995 Dodge van that Johnson was driving at the time of the accident and four additional vehicles

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