Coca-Cola Enterprises, Inc. v. ATS Enterprises, Inc.

Dist. Ct. did not err in granting defendant's motion for summary judgment in action seeking declaration that defendant's insurance policy was responsible for providing insurance coverage for fatal accident under circumstances where, at time of accident, defendant's employee was driving plaintiff's vehicle to defendant's garage to provide repair services. While plaintiff's and defendant's insurance policies provided coverage for instant accident, plaintiff's insurance policy provided primary coverage where plaintiff was owner of vehicle. Ct. rejected plaintiff's argument that Illinois tow-truck insurance statute provided exception to Ill. rule making vehicle owner's policy primary over vehicle operator's policy, where Ct. held that said statute only required tow-truck operators to insure their own vehicles, as opposed to customer vehicles.