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Huizenga v. Auto-Owners Insurance

Court of Appeals of Illinois, Third District

January 22, 2014

DAVID HUIZENGA and BRENDA HUIZENGA, Plaintiffs-Appellants,
v.
AUTO-OWNERS INSURANCE, a Corporation, Defendant-Appellee.

Appeal from the Circuit Court of the 14th Judicial Circuit, Whiteside County, Illinois, Appeal No 3-12-0937 Circuit No. 11-L-26 Honorable John L. Hauptman, Judge, Presiding.

Justices McDade and Carter concurring in the judgment and opinion.

OPINION

HOLDRIDGE JUSTICE

¶1 The plaintiffs, David and Brenda Huizenga, appeal from the trial court's ruling in favor of the defendant, Auto-Owners Insurance (Auto-Owners), and against the plaintiffs (the insureds) on their respective motions for summary judgment. On appeal, the insureds contend that the trial court erred in finding that an endorsement in their umbrella policy with Auto-Owners did not provide excess uninsured motorist coverage for their personal injuries. We affirm the order of the trial court.

¶2 FACTS

¶3 On April 6, 2010, the insureds incurred injuries in a motor vehicle accident with an uninsured driver. Their injuries exceeded $500, 000 in damages.

¶4 At the time of the accident, the insureds owned an underlying automobile insurance policy with coverage for: (1) bodily injury ($500, 000 per person and per occurrence); (2) property damage ($100, 000 per occurrence); (3) uninsured and underinsured motorist ($500, 000 per person and per occurrence); and (4) medical payments ($5, 000 per person).

¶5 In addition, at the time of the accident the insureds owned an "Executive Umbrella Insurance Policy" that provided $1, 000, 000 in excess coverage for the insureds for "Personal Liability." Personal liability under the policy was described as "the ultimate net loss in excess of the retained limit which the insured becomes legally obligated to pay as damages because of personal injury or property damage."

¶6 The umbrella policy also included an endorsement with the following language:

"EXCLUSION OF PERSONAL INJURY TO INSUREDS FOLLOWING FORM
We do not cover personal injury to you or a relative. We will cover such injury to the extent that insurance is provided by an underlying policy listed in Schedule A."

Schedule A listed "Underlying Insurance Requirements" and the "Minimum Primary Limits" required as follows:

"A) COMPREHENSIVE PERSONAL LIABILITY Single Limit

$300, 000 ea occ

B) AUTOMOBILE LIABILITY Bodily Injury Liability

$500, 000 ea person

$500, 000 ea occ

and Property Damage

$100, 000 ea occ"

ΒΆ7 The insureds brought a declaratory judgment action against Auto-Owners for excess coverage under the umbrella policy for their personal injuries (first-party claims) that were incurred in the April 6, 2010, motor vehicle accident with the uninsured driver. Auto-Owners filed a counterclaim for a declaratory judgment that the umbrella policy did not provide excess uninsured ...


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