Appeal from the Circuit Court of Du Page County. No. 01-MR-1039 Honorable Edward R. Duncan, Jr., Judge, Presiding.
The opinion of the court was delivered by: Justice Callum
Plaintiff, Michael Yaccino, sought a declaratory judgment (735 ILCS 5/2--701 (West 2002)) specifying whether defendant and crossplaintiff-appellant's, State Farm Mutual Automobile Insurance Company's (State Farm's), and defendant and crossdefendant-appellee's, Intergovernmental Risk Management Agency's (IRMA's), uninsured motorist coverages were primary or excess. State Farm filed a cross claim against IRMA, seeking a declaration that IRMA's uninsured motorist coverage was primary and that State Farm's was excess. Upon cross-motions for summary judgment (735 ILCS 5/2--1005 (West 2002)) on State Farm's cross claim and on part of plaintiff's complaint, the trial court found that State Farm's coverage was primary and IRMA's was excess, and it granted IRMA and the City of West Chicago's motion. In appeal number 2--02--1247, State Farm appeals that order.
Upon subsequent cross-motions for summary judgment addressing the extent of IRMA's coverage, the trial court found, inter alia, that Officer Michael Beamish was not a necessary party to the litigation, and it granted plaintiff's and State Farm's motions and denied IRMA and West Chicago's motion. In appeal number 2--02--1248, IRMA and West Chicago appeal the trial court's finding that Officer Beamish was not a necessary party.
We affirm in appeal number 2--02--1247, and we dismiss appeal number 2--02--1248 as moot.
In his complaint, plaintiff alleged that, on December 18, 1999, he occupied a police vehicle that was stopped facing south off of Route 59 in West Chicago. The police vehicle was owned by West Chicago and insured by IRMA. Co-defendant Guadalupe Alba was driving a vehicle owned by co-defendant Veronica Flores. The vehicle operated by Alba, which was traveling south on Route 59, left the roadway and struck the police vehicle occupied by plaintiff, resulting in personal injuries to plaintiff. The Alba vehicle was uninsured.
State Farm had issued to plaintiff an automobile insurance policy. The policy provides, in relevant part:
"UNINSURED MOTOR VEHICLE - COVERAGE U
You have this coverage if 'U' appears in the 'Coverages' space on the declarations page.
We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be sustained by an insured and caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.
UNINSURED MOTOR VEHICLE - COVERAGE U1 (Damages for Bodily Injury or Property Damage Caused by Uninsured Motor Vehicles)
You have this coverage if 'U1' appears in the 'Coverages' space on the declarations page.
1. bodily injury an insured is legally entitled to collect from the owner or operator of an uninsured motor vehicle; and
2. property damage an insured is legally entitled to collect:
a. as the result of actual physical contact of an uninsured motor vehicle with your car or a newly acquired car, and
b. if the owner or operator of the at-fault uninsured motor vehicle is identified.
The bodily injury must be sustained by an insured. The bodily injury or property damage must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.
If There Is Other Uninsured Motor Vehicle Coverage - Coverages U and U1
1. If uninsured motor vehicle coverage for bodily injury is available to an insured from more than one policy provided by us or any other insurer, the total limit of liability available from all policies provided by all insurers shall not exceed the limit of liability of the single policy providing the highest limit of liability. This is the most that will be paid regardless of the number of policies involved, persons covered, claims made, vehicles insured, premiums paid or vehicles involved in the accident.
2. Subject to item 1 above, any coverage applicable under this policy shall apply:
a. on a primary basis if the insured sustains bodily injury while occupying your car, or while not occupying a motor vehicle or trailer.
b. on an excess basis if the insured sustains bodily injury while occupying a vehicle not owned by or leased to you, your spouse or any relative." (Emphasis added.)
IRMA, a pool of self-insured municipalities, had issued to West Chicago a coverage document effective January 1, 1999, through December 31, 1999. Section IV of the "Business Auto Coverage Form" of the IRMA document, which is ...