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04/30/87 Martin Mckinney, v. Country Mutual Insurance

April 30, 1987

MARTIN MCKINNEY, PLAINTIFF-APPELLANT

v.

COUNTRY MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

507 N.E.2d 940, 154 Ill. App. 3d 854, 107 Ill. Dec. 787 1987.IL.567

Appeal from the Circuit Court of Pike County; the Hon. Cecil J. Burrows, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE SPITZ delivered the opinion of the court. LUND and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

The plaintiff, Martin McKinney, filed a two-count complaint against his insurance company, the Country Mutual Insurance Company. Count II was a claim under the uninsured-motorist provision of plaintiff's mother's policy and is not involved in this appeal.

Count I was a claim for damages to plaintiff's motor vehicle which were sustained when his girlfriend had a one-car accident, resulting in the destruction of his vehicle. Plaintiff was a passenger in his car at the time of the accident. Plaintiff claimed coverage under a successive renewal policy issued by defendant. Defendant disputed coverage. Both parties filed motions for summary judgment. Plaintiff's motion for summary judgment was granted on June 4, 1986. Defendant's motion to reconsider was granted on August 5, 1986, and summary judgment entered in favor of defendant. Plaintiff's motion to reconsider was denied on October 9, 1986. Plaintiff filed a timely notice of appeal on November 7, 1986.

The parties are in agreement that the following chronology of the events which are relevant to this dispute is accurate.

August 18, 1984, a renewal premium of $553.72 was due.

August 23, 1984, defendant mailed lapse notice. The notice provides that the coverage termination date is September 4, 1984, at 12:01 a.m. The notice further provides:

"According to our records at this time, the premium to renew this policy has not been received. Renewal premium for this policy is Five Hundred Fifty-three Dollars & Seventy-two Cents ($553.72.)"

The notice further provides:

"LAPSE NOTICE -- The premium to renew this policy has not been received. Therefore, your policy lapsed on the premium due date. However, if payment of the amount due is received by the coverage termination date, and approved by the company, you will receive notification providing you with uninterrupted protection. If payment of the amount due is received after the termination date, ...


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