Illinois Appellate Court
Civil Court
Insurance Coverage
Insurance coverage dispute arising out of an automobile collision. The circuit court granted summary judgment in favor of the insured and the insurance company argued on appeal that the at-fault driver was not an insured under the terms of the policy. The appellate court affirmed, finding that the family member exclusion did not apply to the driver and that the availability of the vehicle for use by the driver was not so frequent or habitual as to be deemed a “regular” use and holding that the vehicle was not excluded from liability coverage. (DAUGHERITY and HOLDRIDGE, concurring)