Plaintiff insurer filed declaratory judgment action. Plaintiff's attempt, after the collision which is the subject of the underlying action, to rescind coverage due to Defendant insured's failure to disclose to insurer that he was on occasion using his vehicle for ridesharing, was untimely under section 154 of Illinois Insurance Code and similar policy language. (Insured was not using vehicle for ridesharing at time of collision.) Policy exclusions barring certain coverages for an insured vehicle “while used as a public livery or conveyance” were inapplicable to the underlying claim for uninsured motorist coverage, because record does not show that Defendants sought coverage under those parts of the policy. Court properly granted summary judgment for Defendants and dismissed Plaintiff's declaratory judgment action. (COGHLAN and WALKER, concurring.)
Illinois Appellate Court
Civil Court
Insurance