Appeal from the Circuit Court of Jefferson County. No. 97-MR-34 Honorable George W. Timberlake, Judge, presiding.
The opinion of the court was delivered by: Justice Welch
As amended August 15, 2001.
This case comes before us on remand from the Illinois Supreme Court, which reversed our decision in Country Mutual Insurance Co. v. Teachers Insurance Co., 312 Ill. App. 3d 566 (2000). The Illinois Supreme Court directs us to determine whose automobile insurance policy provides primary coverage for the claim made following an automobile accident. Country Mutual Insurance Co. v. Teachers Insurance Co., 195 Ill. 2d 322 (2001).
Country Mutual Insurance Company (plaintiff) insures the Sandoval Community High School District No. 501 (Sandoval) under a business automobile insurance policy that contains an "Other Insurance" provision as follows:
"For any covered auto you own[,] this policy provides primary insurance. For any covered auto you don't own, the insurance provided by this policy is excess over any other collectible insurance." (Emphasis in original.)
Endorsement 14506 to the policy provides as follows:
"It is agreed that such insurance as is afforded by the policy for bodily injury liability and property damage liability with respect to an insured automobile is extended to insure any member of the board of education, or any employee, teacher, volunteer, personnel authorized in Sections 10-22.34, 10-22.34a[,] and 10-22.34b of the School Code of Illinois[,] or any student teacher of the named insured, but only while acting within the course or scope of his duties, as such, or under the direction of the board of education, subject to the following provisions:
2. The insurance afforded by this endorsement with respect to any hired or non-owned automobile shall be excess insurance over any other valid and collectible insurance."
Endorsement 14546 to the policy provides:
"The following is added to WHO IS INSURED: Any employee of yours is an insured while using a covered auto you don't own, hire[,] or borrow in your business or your personal affairs." (Emphasis in original.)
Jo Chapman, a teacher at Sandoval, was involved in an automobile accident in her owned automobile while she was in the course of her employment. In the accident, a student was injured. This student sued Chapman, who tendered the defense of the claim to her insurer, Teachers Insurance Company (defendant). Defendant's policy provided that defendant will pay damages which the insured becomes liable to pay because of bodily injury to others and that defendant will defend any suit brought against the insured for such damages. However, defendant tendered the defense of the claim to plaintiff, arguing that plaintiff's policy provided primary coverage.
We are now directed to determine which policy provides primary coverage to Chapman for the claim made as a result of the accident. As our review of the case hinges on the construction of the insurance policies, it is de novo. See Hartford ...