Barlow v. State Farm Mutual Automobile Insurance Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2018 IL App (5th) 170484
Decision Date: 
Thursday, November 29, 2018
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Affirmed.
Justice: 
GOLDENHERSH

Plaintiff filed underinsured motorist (UIM) claim against insurer of all 16 of his employer's vehicles, after he was injured in an accident while driving one of his employer's vehicles. The policy's limit of liability section directs the insured to find the limit of UIM coverage in the declarations page. In declarations page, a "W", which stands for UIM coverage, is repeated 16 times, once for each vehicle covered. This creates an ambiguity which can reasonably be interpreted as favoring aggregation of the 16 vehicles' limits of liability for UIM coverage. Although policy contains language which insurer claims to be an antistacking provision, that does not cure the ambiguity on the declarations page. (WELCH and CATES, concurring.)