Metzger v. Country Mutual Insurance Company

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 120133
Decision Date: 
March 21, 2013
District: 
2d Dist.
Division/County: 
De Kalb Co.
Justice: 
BIRKETT
Holding: 
Reversed and remanded with directions.
Plaintiff injured in auto accident filed declaratory judgment action on insurance coverage. Defendant insurer had no duty to indemnify nor duty to defend. Issue of coverage is ripe for consideration as Plaintiff sued insured under business policy. That policy does not potentially cover vehicle involved in accident, as it was not a "non-owned vehicle" under the business policy, and corporation borrowed vehicle, and did not lease or hire it, and thus exclusion of coverage applies. (HUTCHINSON and SCHOSTOK, concurring.)