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Brophy v. Inter Insurance Exchange

OPINION FILED DECEMBER 28, 1977.

TIMOTHY J. BROPHY, PLAINTIFF-APPELLANT,

v.

INTER INSURANCE EXCHANGE OF THE CHICAGO MOTOR CLUB, INC., DEFENDANT-APPELLEE.



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

MR. JUSTICE JIGANTI DELIVERED THE OPINION OF THE COURT:

The plaintiff, Timothy J. Brophy, filed a complaint for declaratory judgment to compel the defendant, Inter Insurance Exchange of the Chicago Motor Club (hereinafter CMC), to arbitrate his rights under the uninsured motorist provisions of the insurance policy issued by CMC to Brophy on his private automobile. The defendant filed a counterclaim for declaratory judgment alleging that Brophy was not entitled to uninsured motorist coverage in this instance. A stipulation of facts was filed by the parties along with memoranda of law. The Circuit Court of Cook County entered a judgment for the defendant on both the plaintiff's complaint and the counterclaim. It is from these two orders that the plaintiff appeals. The issues presented for review are: whether the subscriber, in this case the plaintiff, Brophy, was protected by the uninsured motorist provisions of his policy while operating an employer's vehicle regularly furnished to him where the plaintiff's injuries were caused by a collision with an uninsured motorist; and whether the policy limitations in the uninsured motorist coverage conflict with sections 143a and 442 of the Insurance Code (Ill. Rev. Stat. 1973, ch. 73, pars. 755a, 1054).

The defendant, CMC, issued a policy of automobile insurance to the plaintiff. That policy provided in pertinent part:

"PART IV"

FAMILY PROTECTION COVERAGE

(Protection Against Uninsured Motorists)

Coverage G — Family Protection Coverage (Damages for Bodily Injury.) To pay all sums which the insured * * * shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury * * * sustained by the insured * * *.

Definitions.

`insured' means:

(a) the Subscriber * * *;

(b) any other person while occupying an insured automobile. `insured automobile' means:

(a) an automobile described in the policy for which a specific premium charge indicates that coverage is afforded.

(d) a non-owned automobile while being operated by the Subscriber but "non-owned ...


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