GEORGIE BUSCH, Individually and as Special Administrator of the Estate of Amber Wood, Deceased, Plaintiff-Appellee,
COUNTRY FINANCIAL INSURANCE COMPANY, Defendant-Appellant.
23 Order Filed: January 17, 2018
from the Circuit Court of Madison County. No. 14-MR-100
Honorable Donald M. Flack, Judge, presiding.
Attorneys for Appellant Keith G. Carlson, Carlson Law
Offices, Two North LaSalle Street, David T. Butsch, Butsch,
Roberts & Associates, LLC
Attorney for Appellee Lanny Darr, Schrempf, Kelly, Napp &
JUSTICE MOORE delivered the judgment of the court, with
opinion. Justice Cates concurred in the judgment and opinion.
1 This appeal is taken from the Madison County circuit
court's order granting summary judgment in favor of the
plaintiff, Georgie Busch, and against the defendant, Country
Financial Insurance Company (Country Mutual). The circuit court
found that the antistacking provisions in Country
Mutual's insurance policies were ambiguous and should be
construed against Country Mutual. On April 13, 2017, this
court issued a decision in this cause, which affirmed the
order of the circuit court. On May 5, 2017, Country Mutual
filed a petition for rehearing, which this court granted on
May 26, 2017. After full briefing on the petition for
rehearing pursuant to Illinois Supreme Court Rule 367 (eff.
Aug. 15, 2016), we reverse and remand with directions that a
summary judgment be entered in favor of Country Mutual.
3 The following facts are not in dispute. The plaintiff is
the mother of Amber Wood. On April 27, 2012, at approximately
1:49 a.m., 23-year-old Amber was killed by a speeding
hit-and-run driver as she attempted to cross South Broadway
in St. Louis, Missouri. At the time of the accident, the
plaintiff and Amber were insured under the following two
insurance policies issued by Country Mutual:
"a. Policy no. A12A8077880
Uninsured limits: $100, 000
Named insureds: Georgie Busch and Amber Wood
Insured vehicle: 2001 Ford Focus (primary driver Amber Wood)
b. Policy no. A12A3258332
Uninsured limits: $250, ...