Founders Insurance Company v. Sheikh

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2017 IL App (1st) 170176
Decision Date: 
Monday, September 25, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
HARRIS

Auto insurance policyholder asked his son, age 15 and who held a valid Illinois driver’s permit, to move the family’s van to another parking space on the street, while policyholder observed him parking from across the street. Son accidentally hit gas pedal rather than brake, and hit car in front of him, which then moved forward injured a person standing in front of that car. Whether son had a reasonable belief he was entitled to drive the van involves a question of fact, as the term “reasonable belief” in policy is ambiguous. A factfinder could determine that son, as a valid permit-holder, reasonably believed he was allowed to practice parallel parking while his father supervised him from outside the vehicle.  (SIMON and MIKVA, concurring.)