APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION
529 N.E.2d 764, 175 Ill. App. 3d 169, 124 Ill. Dec. 783 1988.IL.1395
Appeal from the Circuit Court of Cook County; the Hon. Roger J. Kiley, Jr., Judge, presiding.
PRESIDING JUSTICE WHITE delivered the opinion of the court. FREEMAN, J., concurs. JUSTICE McNAMARA, Dissenting.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WHITE
In this case we confront a question of the proper interpretation of an insurance contract. Plaintiffs Paul delos Reyes and Priscilla delos Reyes sued for a judgment declaring that the coverage limit pertinent to this case is $25,000, under the policy in which defendant, The Travelers Insurance Companies (Travelers), agreed to cover the driver responsible for the automobile accident which caused plaintiffs' injuries. The trial court granted Travelers' motion for summary judgment and plaintiffs appeal.
On August 18, 1984, plaintiff Paul delos Reyes was a passenger in his own truck, which his brother Remar was driving, when they were involved in an accident in Indiana. Primary coverage for the accident was provided by the Reyes' insurance company. Travelers provided excess insurance coverage under a policy issued in Massachusetts to Paul's sister, Aquilina Panaligan, which included Remar as an additional insured and provided coverage for bodily injury limited to $10,000 per person. The policy states:
"[We] will pay damages to people injured or killed in accidents if you or a household member is legally responsible for the accident. . . .
If the accident occurs in any . . . state [other than Massachusetts] . . . your policy will automatically apply to that accident as follows:
1. A financial responsibility law or similar law specifying limits of liability for bodily injury or property damage higher than the limits you have purchased, your policy will provide the higher specified limits.
2. A compulsory insurance or similar law requiring your auto to have insurance whenever it is used in that state . . ., your policy will provide at least the required minimum amounts and types of coverage."
The Indiana Motor Vehicle Safety Responsibility and Driver Improvement Act, in effect at the time of the accident, provided:
"Proof of financial responsibility shall mean proof of ability to respond in damages for liability thereafter incurred, arising out of the . . . use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of any one (1) person . ...