Busch v. Country Financial Insurance Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2018 IL App (5th) 140621
Decision Date: 
Thursday, February 22, 2018
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Reversed and remanded with directions.
Justice: 
MOORE

Plaintiff driver was killed by speeding hit-and-run driver. Antistacking provision in Plaintiff’s policy is not ambiguous. The “other vehicle insurance with us” provision applies where 2 or more vehicles belonging to same insured are covered by policies issued by Plaintiff’s insurer, and “other insurance” provision refers only to a situation where a different policy issued by a different company applies. Thus, court erred in granting summary judgment for Plaintiff.  (CATES, concurring; GOLDENHERSH, dissenting.)