Menard, Inc. v. Country Preferred Insurance Co.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120340
Decision Date: 
July 18, 2013
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
McDADE
Holding: 
Affirmed.
Customer fell on debris from packing material, and injured herself on store premises while store employee was loading bricks into her car. Court properly found that store was covered as an insured under customer's auto insurance policy, and that insurer had duty to defend store in underlying PI suit. As per policy, parties consider loading to be a use of the vehicle, store was using customer's vehicle during employee's loading of vehicle with customer's permission. Construing complaint liberally, injury potentially could have resulted from store's use of vehicle during loading. (CARTER and O'BRIEN, concurring.)