Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mijes v. Primerica Life Insurance Co.

December 06, 2000

MIGUEL MIJES AND HILLIE SEMPRIT, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF MARIA MIJES, PLAINTIFFS-APPELLANTS,
v.
PRIMERICA LIFE INSURANCE CO. AND ALLSTATE INSURANCE CO., DEFENDANTS-APPELLEES.



APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. No. 98 L 4749 HONORABLE RICHARD E. NEVILLE and JAMES F. HENRY, JUDGES PRESIDING.

The opinion of the court was delivered by: Justice Wolfson

Not Released For Publication

MIGUEL MIJES AND HILLIE SEMPRIT, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF MARIA MIJES, PLAINTIFFS-APPELLANTS,
v.
PRIMERICA LIFE INSURANCE CO. AND ALLSTATE INSURANCE CO., DEFENDANTS-APPELLEES.

APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. No. 98 L 4749 HONORABLE RICHARD E. NEVILLE and JAMES F. HENRY, JUDGES PRESIDING.

The opinion of the court was delivered by: Justice Wolfson

Maria Mijes' accidental death near Mexico City in July 1997 gave rise to two different kinds of insurance claims--life and uninsured motorist. In each, the trial judge held the unambiguous language of insurance company documents bars coverage. We affirm the trial judge's grants of summary judgment to the two insurance companies.

 FACTS

In June 1997, Miguel Mijes (Miguel) and his wife Maria had a life insurance policy application pending with Primerica Life Insurance Co. (Primerica). The "APPLICATION AGREEMENT" provided "except as provided in the 'Conditional Premium Receipt,' the insurance hereunder applied for shall not take effect unless the first full premium is paid and the policy issued and delivered ***." The Conditional Premium Receipt, in turn, provided "*** no insurance will be in effect before a Policy is issued and delivered unless all of the Conditions below are met."

Under the heading "CONDITIONS FOR COVERAGE" Primerica required:

"All items requested by the Company concerning *** insurability must have been received by the Company. Such items may include, but are not limited to, medical examinations, blood and/or urine studies, attending physicians statements (APS) and electrocardiograms (EKG)."

Coverage under the Conditional Premium Receipt did not begin until the latest of three dates, one of which was the date Primerica received the results of all tests and exams it had requested. On June 9, 1997, Miguel and Maria signed the agreement and receipt, acknowledging they had read and understood the terms of the conditional coverage.

On June 20, 1997, Primerica requested blood and urine samples from Maria. In early July, a medical test management service contacted Maria, but she refused to schedule an appointment until she spoke with her insurance salesman. Her salesman told her Primerica would not process the Mijes' application until she complied with its request for blood and urine samples. In late July, Maria left for a vacation in Mexico before submitting the requested samples.

On July 27, 1997, a rental car driven by Miguel, in which Maria was a passenger, was struck by an uninsured vehicle near Mexico City, Mexico. Maria died two days later from injuries she sustained in the accident.

At the time of the accident Miguel and Maria were "insured persons" under an automobile insurance policy issued by Allstate Insurance Co. (Allstate). The policy provided uninsured motorist coverage:

"We will pay those damages an insured person is legally entitled to recover from the owner or operator of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.