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State Security Ins. Co. v. Goodman

AUGUST 7, 1972.

STATE SECURITY INSURANCE COMPANY, PLAINTIFF-APPELLANT,

v.

HOWARD W. GOODMAN ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Madison County; the Hon. WILLIAM L. BEATTY, Judge, presiding.

MR. JUSTICE JONES DELIVERED THE OPINION OF THE COURT:

Plaintiff, State Security Insurance Company appeals from a declaratory judgment rendered against it, finding that the defendant, James Goodman was covered by the uninsured motorist portion of a policy issued by it. The plaintiff insurance company's contentions are based upon the terms of the policy, an exclusion in the policy and the defendants' failure to comply with the notice provisions of the policy.

The policy itself was issued to Howard W. Goodman, a defendant and father of James Goodman. James Goodman resided in the household of Howard W. Goodman. At the time of the occurrence James Goodman was riding a motorcyle which he owned. The policy contained the following provisions relevant to this appeal:

Page 1 of the Daily or Declarations, after the policy number, sets forth the following information:

"Item 1. Address.

(there followed the name of the insured and his address)

Item 2. Policy.

(Including the date of the accident)

REPRESENTATIVE: Agent or Broker: Ashby Agency Office Address: 2032 Edison Town and State: Granite City, Illinois"

(then followed the name of the insurance company, coverages and a list of the covered vehicles which were two automobiles, but did not include the motorcycle).

At the bottom of the page appeared:

"Countersigned by: Maurice Jones" and in small print under this line: "Licensed Resident Agent."

The uninsured motorist provisions in this policy are included in "Family Protection Coverage" and set forth in the ...


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