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11/20/89 Michael Salazar, v. State Farm Mutual

November 20, 1989

MICHAEL SALAZAR, PLAINTIFF-APPELLANT

v.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

548 N.E.2d 382, 191 Ill. App. 3d 871, 138 Ill. Dec. 969 1989.IL.1801

Appeal from the Circuit Court of Cook County; the Hon. Thomas P. Quinn, Judge, presiding.

APPELLATE Judges:

JUSTICE O'CONNOR delivered the opinion of the court. MANNING, P.J., and BUCKLEY, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE O'CONNOR

This is an appeal from a summary judgment for defendant in an action brought by plaintiff to recover medical payment benefits under certain policies of automobile insurance issued by defendant.

The plaintiff, Michael Salazar, while a pedestrian, was struck by a car and injured. As a result of his injuries, he incurred $28,418.15 in medical expenses. Defendant, State Farm Mutual Automobile Insurance Company (State Farm), had issued three policies of automobile liability insurance to members of plaintiff's family, each of which provided medical payments coverage with limits of $25,000.

All three policies in issue contain the following provisions:

"(1). If There Are Other Medical Payments Coverages

4. If other vehicle medical payments coverage applies to bodily injury sustained by a pedestrian, this coverage is excess.

(2). Medical Expenses

We will pay reasonable medical expenses, for bodily injury caused by accident, for services furnished within one year of the date of the accident. These expenses are for necessary medical, surgical, x-ray, dental, ambulance, hospital, professional nursing and funeral services, eyeglasses, hearing aids and prosthetic devices."

State Farm paid the entire amount of plaintiff's medical expenses, totaling $28,418.15. Of this sum, $25,000 was paid under policy No. 8333 896 -- 13, issued to plaintiff's sister, and $3,418.15 was paid under policy No. 8419 237 -- 13, issued to plaintiff's father. Defendant declined to pay the remainder of $21,581.85 under policy No. 8419 237 -- 13 and the sum of $25,000 under policy No. 8498 043 -- 13.

Plaintiff then brought this action seeking payment of the remaining $21,581.85 of medical coverage available under policy No. 8419 237 -- 13 and $25,000 of medical coverage available under policy No. 8498 043 -- 13 issued to plaintiff's father. The parties filed cross-motions for summary judgment, and following a hearing, summary judgment ...


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