Galarza v. Direct Auto Insurance Co.

Two consolidated appeals involving a single issue: whether a provision in an automobile policy that limits uninsured motorist coverage to insureds occupying an “insured automobile” violates section 143a of the Illinois Insurance Code and, thus, is unenforceable as against public policy. The appellate court found it lacked jurisdiction to hear one of the appeals and dismissed it. In the second appeal, the appellate court reversed the judgment in favor of the insurance company finding that the insured had met the “heavy burden” required to invalidate an insurance policy provision as being against public policy. (McBRIDE, concurring and GORDON, specially concurring)