Head-on collision in 2015 in Georgia involving a Hertz rental car rented by Defendant. Two passengers in that vehicle died as a result of accident, and the other passenger. sustained severe injuries. At the time of the accident, Defendant owned a Chevrolet Suburban that they insured with State Farm. Court erred in entering summary judgment hold that State Farm auto policy provided coverage for passengers because rental car qualified as a "temporary substitute car" under policy. Whether rental car qualified as a "temporary substitute car" depends on whether the Suburban was "out of use" due to its "breakdown, repair, servicing, damage, or theft." Undisputed facts establish that Suburban was not "out of use" when accident occurred. Court should have entered summary judgment for State Farm. Unambiguous policy language establishes intent that coverage applied to only 1 operating vehicle at a time. (WELCH and MOORE, concurring.)
Illinois Appellate Court
Civil Court
Insurance