Hess v. The Estate of Klamm

Illinois Appellate Court
Civil Court
Case Number: 
2019 IL App (5th) 180220
Decision Date: 
Monday, February 11, 2019
5th Dist.
Franklin Co.
Affirmed as modified.

Plaintiffs filed complaint for deaths of 2 persons and serious injuries to 1 person in car accident with another vehicle whose driver was also killed, and who Plaintiffs allege proximately caused deaths and injuries by his negligence. Three counts of complaint requested declaratory judgments as to coverage on policy issued on car driven by Defendant. Court entered judgment order finding coverage limits to be stacked at $400,000 per person and $1.2 million per accident. Antistacking provision in policy limits liability to that shown on the declarations pages. Relevant limits of liability, for bodily injury at $100,000 per person and $300,000 per accident, are listed twice on the 3 pages of declarations. Thus, limits are to be stacked twice, for total limits of $200,000 per person and $600,000 per accident. (WELCH and CHAPMAN, concurring.)