Illinois Supreme Court PLAs
Civil Court
Insurance
This case presents question as to whether trial court properly granted plaintiff-insurance company’s motion for summary judgment in action seeking declaration that it owed no coverage and no duty to defend any claim arising out of car accident in which defendant-named insured was driver where terms of policy specifically excluded defendant as covered “operator” of defendant’s vehicle. Appellate Court, in reversing trial court, found that instant named driver exclusion was against public policy and invalid when applied to named insured and vehicle owner. Appellate Court further noted that section 7-317(b)(2) of Safety and Family Financial Responsibility Law required that owner’s liability insurance policy cover named insured, and that plaintiff could not completely exempt defendant from coverage under policy.