Declaratory judgment action brought by plaintiff insurance company seeking a finding that it had no duty to defend, indemnify, or otherwise provide coverage relating to an automobile collision on the basis that the at-fault driver did not have a reasonable belief that he was entitled to operate the vehicle when he was driving in violation of the restrictions placed on his graduated driver’s license. The trial court entered summary judgment in favor of the insurance company. Defendant appealed arguing that driving outside the parameters of a graduated driver’s license was not the same as driving without a license and that the reasonable belief exclusion is unenforceable because it is against Illinois public policy. The appellate court affirmed, finding that the driver was not legally entitled to operate the vehicle at the time of the collision because it is a limited license that only grants the right to drive under statutorily defined conditions. (GORDON and ELLIS, concurring)
Illinois Appellate Court
Civil Court
Insurance Coverage
Tort Law