American Access Casualty Company v. Novit

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2018 IL App (1st) 171048
Decision Date: 
Friday, March 30, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
PIERCE

(Court opinion corrected 4/17/18.) Declaratory judgment action; in underlying action, Plaintiff sued for injuries sustained when she was struck by insured's vehicle which was driven by a different person. Court erred in granting summary judgment for insurer, finding it had no duty to defendant or indemnify driver or owner. Plaintiff claimed negligent entrustment, alleging that owner knew that driver was intoxicated. Plain language of policy provides that insurer will pay compensatory damages for accidents resulting in bodily injury that arise out of owner's use or ownership of vehicle. Underlying complaint alleges that accident arose out of ownership, maintenance, or use of insured vehicle, and her negligent entrustment of vehicle was a proximate cause of Plaintiff's injuries. (HARRIS and MIKVA, concurring.)