APPELLATE COURT OF ILLINOIS, THIRD DISTRICT
515 N.E.2d 1299, 162 Ill. App. 3d 589, 114 Ill. Dec. 28 1987.IL.1691
Appeal from the Circuit Court of Will County; the Hon. Edwin B. Grabiec, Judge, presiding.
JUSTICE WOMBACHER delivered the opinion of the court. SCOTT and STOUDER, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER
In April 1984 Dino Nicolazzi, 13 years old, was a passenger on a dirt bike driven by Mateo Panzica, also 13 years old. The bike was owned by Mateo's brother, Paul Panzica. Nicolazzi was killed when the bike collided with a vehicle driven by Raul Gonzales. The accident occurred on a public roadway, four miles from the Panzicas' property.
Aldo Nicolazzi, Dino Nicolazzi's representative, brought suit against Panzica and his parents, Ronald and Martha. The complaint sought recovery against Mateo Panzica for his negligent operation of the bike; it also sought recovery against Ronald and Martha Panzica based upon negligent entrustment of the dirt bike to their son and violation of the Parental Responsibility Law (Ill. Rev. Stat. 1985, ch. 70, par. 53).
Allstate Insurance Company filed a declaratory judgment action against Ronald, Martha and Mateo Panzica and Aldo Nicolazzi. The complaint sought a judicial declaration that the homeowner's and automobile insurance policies issued to Ronald and Martha Panzica did not provide liability coverage for the accident in question. Allstate also filed a motion for summary judgment seeking a declaration that neither policy covered the accident at issue.
Aldo Nicolazzi conceded that the automobile did not provide coverage for the accident. He filed a response to the motion for summary judgment supported by an affidavit of Susan Roach. Roach, an English professor, opined that the homeowner's insurance policy was ambiguous and required construction.
The trial court struck Roach's affidavit and granted Allstate's motion for summary judgment.
Nicolazzi appeals the trial court's decision to strike the affidavit of Susan Roach and the grant of summary judgment in Allstate's favor.
The Allstate homeowner's policy at issue excludes coverage for bodily injury arising under the ownership, maintenance or use of any motorized land vehicle. The exclusion provides:
"Exclusions -- Losses We Do Not Cover
(5) We do not cover bodily injury or property damage arising out of the ownership, maintenance, use, loading or unloading of any motorized land vehicle or trailer. ...