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09/05/89 State Farm Mutual v. Robert Dreher Et Al.

September 5, 1989

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, PLAINTIFF-APPELLANT

v.

ROBERT DREHER ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

547 N.E.2d 1, 190 Ill. App. 3d 182, 138 Ill. Dec. 131 1989.IL.1371

Appeal from the Circuit Court of Rock Island County; the Hon. Joseph F. Beatty, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE WOMBACHER delivered the opinion of the court. HEIPLE and BARRY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER

The plaintiff, State Farm Mutual Automobile Insurance Company (hereinafter State Farm), appeals the judgment entered by the trial court following a bench trial.

On February 21, 1987, defendant Robert Dreher (Robert) was involved in a motor vehicle accident while driving his mother's automobile. Robert was insured under a State Farm auto policy for the operation of his 1985 Chevrolet. However, the automobile that Robert was operating at the time of the accident belonged to Betty Dreher and was not insured under the same automobile insurance policy. Robert's auto policy contained the following exclusion of coverage:

"Section I -- Liability Coverage A of the policy states: The liability coverage extends to the use, by AN INSURED, of a NEWLY ACQUIRED CAR, a TEMPORARY SUBSTITUTE CAR, or a NON-OWNED CAR.

Further qualifying the term non-owned car, , NON-OWNED car means a CAR NOT:

a. Owned by,

b. Registered in the name of, or

c. Furnished or available for the regular or frequent use of:

YOU, YOUR SPOUSE, or any RELATIVES."

State Farm filed a declaratory judgment action alleging that Robert was uninsured for the use of his mother's vehicle under the ...


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