Vedder v. Continental Western Insurance Company

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (5th) 110583
Decision Date: 
October 29, 2012
District: 
5th Dist.
Division/County: 
Montgomery Co.
Justice: 
WELCH
Holding: 
Affirmed.
Declaratory judgment action to determine primacy of coverage between insurers of Defendant in underlying PI suit, and of ambulance service for which Defendant worked as a volunteer when her personal vehicle collided with that of Plaintiff in PI suit. Defendant's policy is primary and other insurer's policy is excess; thus, Defendant's insurer is obligated to pay for entire defense of ambulance service. Excess insurer has no obligation to defend or indemnify Defendant until limits of primary policy are exhausted. (SPOMER and WEXSTTEN, concurring.)