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Svec v. Allstate Insurance Co.

OPINION FILED OCTOBER 14, 1977.

JOANNE L. SVEC, PLAINTIFF-APPELLANT,

v.

ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. ARTHUR DUNNE, Judge, presiding.

MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

Plaintiff brought this action for declaratory judgment, seeking a determination of her right to recover income continuation benefits under her decedent husband's insurance policy. The trial court granted defendant's motion for judgment on the pleadings. On appeal, plaintiff contends the trial court erred when it interpreted the policy as excluding income continuation benefits after the death of the insured.

On September 9, 1973, plaintiff's decedent husband purchased automobile liability insurance from defendant. The policy issued to the insured was printed and prepared by defendant and contained a variety of different provisions and options. Part 2, Coverage VA, which plaintiff purchased provided the following coverage:

"PART 2 — Coverage VA — Basic Personal Injury Protection Allstate will pay to or for the benefit of the injured person:

(a) Medical, Hospital and Funeral Expenses

All reasonable and necessary expenses arising from an accident for medical, surgical, x-ray, dental, prosthetic, ambulance, hospital, professional nursing and funeral services, commencing on the date of the accident, subject to the limit per injured person stated in the declarations or attached endorsement,

(b) Income Continuation

85% of the income lost, commencing on the date of the accident, by an injured person who was an income or wage earner, as a result of total disability caused by the accident, subject to the payment limit per week per injured person stated in the declarations or attached endorsement; * * *"

The policy defines the terms used in this provision as follows:

"(1) `Injured person' means

(a) the named insured or any relative who sustains bodily injury in any motor vehicle accident;

(4) `bodily injury' means bodily injury, sickness or disease, including death at any time resulting therefrom.

(9) `total disability' means inability of the injured person to engage in his ordinary occupation; * * *."

The policy, which insured received, also contained provisions relating to the following additional optional ...


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