Stokes v. Pekin Insurance Co.
State: Illinois
Court: 5th District Appellate
Docket No: 5-97-0679
Case Date: 07/28/1998
Rule 23 Order filed
June 24, 1998;
Motion to publish granted
July 28, 1998. NO. 5-97-0679
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________
WILLIAM K. STOKES, LOLA STOKES, and ) Appeal from the
STEPHANIE L. STOKES, by Her Mother ) Circuit Court of
and Next Friend, LOLA STOKES, ) Montgomery County.
)
Plaintiffs-Appellants, )
v. ) No. 97-MR-7
)
PEKIN INSURANCE COMPANY, ) Honorable
) John W. McGuire,
Defendant-Appellee. ) Judge, presiding.
_________________________________________________________________
PRESIDING JUSTICE WELCH delivered the opinion of the court:
On April 2, 1996, Stephanie L. Stokes sustained severe
injuries as a result of an automobile accident in which she was a
passenger in a car owned by Linda Anderson and driven by Geneva E.
Rhodes. At the time of the accident, Anderson was insured by
defendant, Farmers Automobile Insurance Association, incorrectly
sued as Pekin Insurance Company. The insurance policy issued to
Anderson and effective at the time of the accident provides for
liability motorist coverage of $100,000 for each person and
$300,000 for each accident.
On February 5, 1997, plaintiffs filed a complaint for
declaratory judgment seeking a determination as to whether the
$100,000-per-person limit or the $300,000-per-accident limit
applies. Defendant filed a motion to dismiss arguing that such a
determination prior to a judgment of liability is premature. On
June 16, 1997, the circuit court granted defendant's motion to dismiss, and this appeal follows.
We review de novo a decision by the circuit court granting a
motion to dismiss. Federal Insurance Co. v. St. Paul Fire & Marine
Insurance Co., 271 Ill. App. 3d 1117, 1121 (1995). We accept all
well-pleaded facts as true for purposes of reviewing the circuit
court's dismissal of plaintiffs' complaint for declaratory
judgment. Miles Kimball Co. v. Anderson, 128 Ill. App. 3d 805, 806
(1984).
The only issue before us on appeal is whether plaintiffs'
complaint, seeking a determination as to the limits of liability as
to the insurance policy issued to the owner of the automobile in
which Stokes was injured, is premature. Defendant argues that the
circuit court acted properly in following the nearly identical case
of Batteast v. Argonaut Insurance Co., 118 Ill. App. 3d 4 (1983),
and the similar case of Weber v. St. Paul Fire & Marine Insurance
Co., 251 Ill. App. 3d 371 (1993), in holding that the declaratory
judgment action is premature prior to a finding of liability. This
court sitting in the first district decided Batteast, and this
court sitting in the third district decided Weber. Plaintiffs do
not attempt to distinguish either Batteast or Weber from the case
at bar but argue that the fifth district appellate court has ruled
differently on the issue presented in the instant action and that
language in the supreme court's decision in Murphy v. Urso, 88 Ill.
2d 444 (1981), allows this declaratory judgment action to survive
dismissal.
The law surrounding the court's authority to issue a
declaratory judgment is well established. In determining the
ripeness of a declaratory action, the court must first determine
whether the complaint recites in sufficient detail an actual and
legal controversy between the parties which demonstrates that the
plaintiff is interested in the controversy. Best v. Taylor Machine
Works, 179 Ill. 2d 367 (1997). Illinois courts should liberally
construe the declaratory judgment statute and should not be
restricted by unduly technical interpretations. First of America
Bank, Rockford, N.A. v. Netsch, 166 Ill.2d 165, 174 (1995). This
court has held that an "actual controversy" exists where there is
a legitimate dispute admitting of an immediate and definite
determination of the parties' rights, the resolution of which would
help terminate all or part of the dispute. Dolezal v. Plastic &
Reconstructive Surgery, S.C., 266 Ill. App. 3d 1070, 1083 (1994)
(citing City of Chicago v. Department of Human Rights 141 Ill. App.
3d 165, 169-70 (1986)). A declaratory judgment action is used "to
afford security and relief against uncertainty with a view to
avoiding litigation, rather than in aid of it." (Emphasis added.)
Dolezal, 266 Ill. App. 3d at 1083 (quoting City of Chicago, 141
Ill. App. 3d at 169-70).
In addition, the complaint must show that the underlying facts
and issues of the case are not moot or premature. Pincham v.
Cunningham, 285 Ill. App. 3d 780, 782 (1996). This court cannot
pass judgment on mere abstract propositions of law, render an
advisory opinion, or give legal advice as to future events.
Pincham, 285 Ill. App. 3d at 782.
The circuit court granted defendant's motion to dismiss, based
on this court's decisions in Batteast and Weber. In Batteast, the
plaintiff brought a personal injury action against St. Bernard's
Hospital, alleging that he suffered permanent brain damage while in
their care. The defendant, Argonaut Insurance Company, had issued
an insurance policy to the hospital, and the policy was effective
at the time of the injury. During the settlement negotiations, a
dispute arose as to the amount of coverage available under the
insurance policy. Because the dispute hindered negotiations, the
plaintiff brought a complaint for declaratory judgment, seeking a
judicial determination of the extent of coverage provided by the
policy. Batteast, 118 Ill. App. 3d at 5.
In affirming the circuit court's dismissal of the complaint,
this court stated:
"Regardless of their disagreement [as to whether coverage is
$1 million or $3 million], the plaintiff's right to any amount
is contingent upon a finding of liability in the underlying
tort action. Even if liability is later established, a
resolution of the dispute would remain unnecessary unless the
damages awarded exceeded $1 million. Moreover, if we were to
allow this action, there is no reason why every tort claimant
would not, upon filing a personal injury action, concomitantly
file a declaratory judgment action to determine the maximum
amount of coverage to which he would be entitled in the event
that liability was subsequently established. We cannot create
the right to such premature litigation. The instant fact
situation does not present an actual controversy between the
parties." Batteast, 118 Ill. App. 3d at 6.
Although this court in Batteast held that the plaintiff did not
have standing to maintain the declaratory judgment action, this has
been characterized a misnomer. See Weber, 251 Ill. App. 3d at 372.
The other decision cited by the circuit court supporting its
decision to dismiss plaintiffs' complaint was Weber v. St. Paul
Fire & Marine Insurance Co., 251 Ill. App. 3d 371 (1993). In
Weber, the plaintiff filed a five-count complaint against a nursing
home that was insured by the defendant, St. Paul Fire and Marine
Insurance Company. The complaint sought treble damages under the
Nursing Home Care Act (Ill. Rev. Stat. 1991, ch. 111
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