Gaudina v. State Farm Mutual Automobile Insurance Company

Illinois Appellate Court
Civil Court
Case Number: 
2014 IL App (1st) 131264
Decision Date: 
March 28, 2014
1st Dist.
Cook Co., 5th Div.
Plaintiff was injured in car accident while working as a limousine driver; and settled his bodily injury claim with other driver for policy limit of $250,000. Plaintiff then filed underinsured motorist claim with his wife's auto insurer, which denied coverage on grounds that at time of accident Plaintiff was not residing primary with his wife and thus did not fit policy definition of "spouse". As term "spouse" is specifically defined in the policy, the definition in policy controls. Undisputed facts showed that Plaintiff did not primarily reside with his wife at time of accident. Thus, court properly granted summary judgment for insurer, finding that Plaintiff was not an insured entitled to coverage. (McBRIDE and TAYLOR, concurring.)