Country Mutual Insurance Company v. Witbrod

In a declaratory judgment action arising out of an underlying personal injury lawsuit, the plaintiff insurance company sought a declaration that the defendant did not qualify as an insured under the terms of its insurance policies. The circuit court granted summary judgment for the insured and against the insurance company and denied summary judgment in favor of the plaintiff. The appellate court reversed, finding that the driver in the underlying lawsuit was not an insured under the unambiguous language of the applicable policies where the personal injury lawsuit named only an agent and not the principal. (McLAREN and BIRKETT, concurring)