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Henderson v. Newland

MAY 23, 1963.

PHILIP H. HENDERSON, PLAINTIFF-APPELLEE,

v.

JAMES NEWLAND, DEFENDANT-APPELLEE (BANNER MUTUAL INSURANCE COMPANY, RESPONDENT-APPELLANT).



Appeal from the Circuit Court of Lake County; the Hon. BERNARD M. DECKER, Judge, presiding. Reversed.

SPIVEY, J.

On April 4, 1961, plaintiff-appellee, Philip H. Henderson, recovered a judgment against the defendant-appellee, James Newland, and one Robert Supanich in the amount of $3500 for personal injuries and property damage.

The Circuit Court of Lake County in a supplementary proceeding entered an order on June 22, 1962, ordering the respondent-appellant, Banner Mutual Insurance Company, to pay plaintiff-appellee the aforesaid judgment together with interest and court costs to satisfy said judgment. This appeal is from the order of June 22, 1962.

The court heard the supplementary proceeding on a stipulation of facts and exhibits.

The stipulation provided:

"It is hereby stipulated and agreed by and between the parties hereto through their respective counsel that the following facts in connection with the above entitled matter before this Honorable Court are true and undisputed:

"1. That on or about the 13th day of October, 1960, plaintiff herein, Philip H. Henderson, commenced suit against the defendants, James Newland and Robert Supanich, for personal injuries and property damages allegedly arising out of an accident which occurred on Route #83 in Lake County, Illinois, on the 25th day of June, 1960.

"2. That at the time of the aforesaid accident, plaintiff Philip H. Henderson was driving his automobile north on said Route #83 and at said time and place defendant was driving his automobile south on said Route #83.

"3. That at the time of the accident and immediately prior thereto, James Newland was driving a 1955 Pontiac as aforesaid and was also pulling behind his Pontiac another vehicle which was being steered by defendant, Robert Supanich, said vehicle being a Dodge racing automobile which had been purchased by the defendants, Newland and Supanich, within thirty (30) days prior to the time of the accident.

"4. That the said motor vehicle owned and driven by the defendant, James Newland, was pulling the said Dodge racing automobile owned by the defendants Newland and Supanich, as aforesaid, with a piece of chain, and the said Robert Supanich was steering the Dodge automobile and manipulating the brakes thereon in order to maintain control of the Dodge automobile immediately prior to and at the time of the accident in question.

"5. That on the 4th day of April, 1961, judgment was entered in aforesaid suit commenced by Philip H. Henderson in the Circuit Court of Lake County, Illinois, in favor of the plaintiff, Philip H. Henderson, and against the defendants, James Newland and Robert Supanich for the sum of Three Thousand Five Hundred and no/100 ($3,500) Dollars on which judgment the sum of Three Thousand Five Hundred and no/100 ($3,500) Dollars plus court costs and interest now remains unpaid and is due and owing from the defendants to the plaintiff as specified herein.

"6. That James Newland was issued a policy of automobile liability insurance by the respondent to this citation proceeding, to-wit: Banner Mutual Insurance Company, and the said policy of insurance being Policy #AC44507 was effective 12:01 o'clock a.m. Standard Time on April 27, 1960 to 12:01 a.m. Standard Time April 27, 1961, and that the original of that insurance contract may be introduced in evidence in this matter.

"7. That the defendant, James Newland, did not nor has not lost his driver's license, driving privileges or license plates under the so called Safety Responsibility Act of the State of Illinois as a result of the accident in question.

"8. That the respondent, Banner Mutual Insurance Company, did not disclaim liability insurance coverage in regard to James Newland as a result of the aforesaid accident to the Secretary of State of the State of Illinois under the so called Safety Responsibility Act of the State of Illinois, but did however on the 11th day of October, 1960, disclaim coverage to the defendant, James Newland.

"9. Said policy of insurance reads as follows under `Exclusions': (c) `This policy does not apply under coverages A and B while the automobile is used for the towing of any trailer owned or hired by the insured and not covered by like insurance in the company; or while any trailer covered by this policy is used with any automobile owned or hired by the insured and not covered by like insurance in the company.' (s) `This policy does not apply under coverages ...


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