In an insurance coverage matter arising out of an incident where a minor was struck by a vehicle while riding his bicycle, the Illinois Supreme Court considered whether a provision in an automobile insurance policy that limited uninsured motorist coverage to insureds occupying an “insured automobile” violated section 143a of the Illinois Insurance Code. The court concluded that it did and that the language of section 143a of the Insurance Code encompassed a bicyclist injured by an uninsured motorist because the cyclist is a “person” who suffered injuries “arising out of the ownership, maintenance, or use of a motor vehicle.” As such, the court concluded that the injured person’s status as an occupant of a vehicle was irrelevant and the insurance policy was unenforceable as a matter of public policy. (THEIS, NEVILLE, OVERSTREET, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)
Illinois Supreme Court
Civil Court
Insurance Coverage