APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE MONICA D. REYNOLDS, JUDGE PRESIDING.
Released for Publication March 18, 1994. Petition for Leave to Appeal Denied June 2, 1994.
Campbell, O'connor, Jr., Manning
The opinion of the court was delivered by: Campbell
PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:
Defendants Margot and Earl Collins appeal an order of the circuit court granting summary judgment to plaintiff State Farm Mutual Automobile Insurance Company on its complaint for declaratory judgment.
The record on appeal indicates the following facts. On April 27, 1990, plaintiff filed a complaint for declaratory judgment. The allegations of that complaint are as follows. Plaintiff issued an automobile liability insurance policy to Earl Collins on a 1981 Cadillac on April 27, 1985. This policy, which was attached as an exhibit to the complaint, provides coverage for up to $300,000 for bodily injury to each person in the liability section of the policy, but only up to $100,000 for bodily injury to each person under its uninsured motorist section. This policy was in effect at all times relevant to the complaint. Earl Collins was the husband of Margot Collins; the two resided in the same household at all times relevant to the complaint.
On April 9, 1988, Earl was allegedly injured when the 1981 Cadillac was being driven by Margot. Earl subsequently filed suit against Margot in the circuit court of Cook County, alleging he was injured as a result of Margot's negligence. A copy of the complaint Earl filed against Margot in the underlying suit, attached as an exhibit to plaintiff's complaint in this case, alleges that Earl was struck by the open door of the 1981 Cadillac while Margot was backing the car down a ramp located on her premises.
The insurance policy issued by plaintiff contains the following provision:
"When Coverage Does Not Apply
In addition to the limitations of coverage in 'Who Is An Insured' and 'Trailer Coverage':
2. FOR ANY BODILY INJURY TO:
c. ANY MEMBER OF THE FAMILY OF THE INSURED RESIDING IN THE SAME HOUSEHOLD AS THE INSURED:
The term 'insured' as used here means the person against whom claim is made ...