APPEAL from the Circuit Court of Cook County; the Hon. ARTHUR
L. DUNNE, Judge, presiding.
MR. PRESIDING JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:
The plaintiff, George C. Roby, filed a complaint for declaratory judgment to determine and adjudicate his rights under the uninsured motorists provisions of an insurance policy issued by the defendant, Illinois Founders Insurance Company. The trial court, following a bench trial, entered judgment for the defendant finding that defendant's insurance policy did not apply and did not provide coverage to the plaintiff under the uninsured motorists coverage endorsement of said policy. This appeal followed.
The issue presented for review is whether the trial court properly ruled in finding that the plaintiff was not afforded coverage under the uninsured motorists coverage endorsement of his family combination auto insurance policy issued by defendant, as the policy excluded an insured from coverage while occupying or driving an automobile regularly furnished to the plaintiff insured in his employment.
On July 23, 1973, plaintiff, George C. Roby, was employed by the Chicago Police Department as a police officer, and was assigned to patrol a certain area of the city in a one-man squad car. The car was owned by the city of Chicago, was operated, maintained, and used by the Chicago Police Department, and was furnished for the regular use of the plaintiff. On that same date at approximately 11:30 a.m., plaintiff was traveling eastbound on 61st Street, and at or near its intersection with Kimbark Avenue, a vehicle being driven by Melvin Boswell, an uninsured motorist, came into contact with the squad car being driven by the plaintiff. As a result of this collision, the plaintiff was injured. Mr. Boswell was the owner of the vehicle he was driving, and neither he nor the automobile were covered by any policy of automobile liability insurance at the time of this collision.
The plaintiff had purchased a family combination automobile policy for his private automobile from the defendant under which he was the named insured, such policy being in full force and effect at the time of the collision. The policy contained uninsured motorists coverage. The plaintiff notified the defendant of his intention to make a claim for his injuries under the uninsured motorists provision of his insurance policy, which claim was subsequently denied by the defendant.
The plaintiff filed a complaint for declaratory judgment, asking the court to determine his right to pursue an uninsured motorist claim under the policy issued by the defendant. The pertinent part of defendant's insurance policy provides as follows:
"UNINSURED MOTORISTS COVERAGE (Automobile Bodily Injury Liability) ENDORSEMENT
Coverage K Uninsured Motorists (Damages for Bodily Injury) * * *
1. Damages for Bodily Injury Caused by Uninsured Automobiles: The company will pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury, sickness or disease, including death resulting therefrom, hereinafter called `bodily injury', sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured automobile; * * *."
The plaintiff further asked the court to define his rights as an insured under the uninsured motorists provision of his policy and order his claim to be set for immediate arbitration with the defendant pursuant to the provisions of his policy. The defendant filed a motion to dismiss which was denied. It then filed an answer and affirmative defense to the complaint alleging that the plaintiff was not driving "an insured automobile" under his policy on July 23, 1973 (date of collision), as he was driving a Chicago Police Department automobile furnished for his regular use. Under the uninsured motorists coverage endorsement, the policy further provided in part:
(b) `insured automobile' means an automobile:
(1) described in the schedule as an insured automobile to which the bodily injury liability ...