Progressive Permier Insurance Company of Illinois v. Kocher, a Minor 

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
No. 5-07-0468
Decision Date: 
Tuesday, July 13, 2010
District: 
5th Dist.
Division/County: 
Richland Co.
Holding: 
Affirmed.
Justice: 
CHAPMAN
Insured was driving an ATV, on which his son was a passenger, and collided with a motorcycle being driven by insured's other son. Son riding on ATV suffered severed head injuries, 5-day hospitalization, and 3 surgeries. Both vehicles, and another motorcycle, were covered by Progressive policy. Limitation-of-liability provision in policy did not apply to limit injured son's recovery to bodily injury liability limits for only one of the vehicles. Declarations page layout is important in interpreting policy, and is considered in conjunction with general policy language. It is not relevant that language which says that coverage for one vehicle may not be combined with same coverage for another appears on declarations page rather than in body of policy, as this is not a traditional stacking case. (GOLDENHERSH and WEXSTTEN, concurring.)