Maxum Indemnity Company v. Gillette 

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
No. 3-10-0006
Decision Date: 
Monday, November 22, 2010
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE
(Court opinion corrected 1/5/11.) /Passenger on parade float was injured when she was thrown from the float, when float lunged upon hitting bump in road. Float was being pulled by driver from parade float transport company. Passenger's defective condition claims arose from injuries she sustained while the "auto"/float was being used in manner consistent with its customary use; alleged defective condition created risk to her only while float was in motion. Thus, causal relationship exists between her injuries and the use of the "auto"/float, and the auto exclusion in the company's commercial liability policy applies, so that insurer has no duty to defend company in underlying suit. (CARTER and SCHMIDT, concurring.)