Direct Auto Insurance Co. v. Merx

Defendant was injured when she was a passenger in a vehicle driven by Motley which struck another vehicle while attempting to cross an intersection.  Motley was an uninsured motorist and at fault. Defendant filed a claim for uninsured-motorist coverage under her own auto insurance policy, but her vehicle was not involved in the collision. The 1995 amendment to 143a of the Insurance Code allows insurers to exclude vehicles that are owned by the insured or their resident spouse or resident relative and that are not specified in the policy. There is no statutory basis to deny uninsured-motorist coverage to Defendant as she occupied an unowned vehicle that was not furnished or available for her regular use, and Motley was an uninsured motorist. To deny uninsured-motorist coverage to Defendant because she did not occupy her insured auto at time of accident would contravene public policy. (SCHOSTOK and BRENNAN, concurring.)