Safe Auto Insurance Company v. Fry

Insured driver was hit by hit-and-run driver, and his passenger was injured. Insurer argued that as its insured did not have a valid driver's license at time of collision, he could not have a reasonable belief that he was entitled to drive, and that exclusion prevented uninsured motorist coverage for him and his passenger. Where a driver's reasonable belief exclusion contained in automobile liability insurance contract excludes uninsured motorist coverage for a permissive passenger, the exclusion as applied to the permissive passenger is unenforceable because it violates Illinois public policy. (SIMON, concurring; NEVILLE, dissenting.)