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Busch v. Country Financial Insurance Company

Court of Appeals of Illinois, Fifth District

February 22, 2018

GEORGIE BUSCH, Individually and as Special Administrator of the Estate of Amber Wood, Deceased, Plaintiff-Appellee,
v.
COUNTRY FINANCIAL INSURANCE COMPANY, Defendant-Appellant.

          Rule 23 Order Filed: January 17, 2018

         Appeal 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 & Darr, Ltd.

          JUSTICE MOORE delivered the judgment of the court, with opinion. Justice Cates concurred in the judgment and opinion.

          OPINION

          MOORE, JUSTICE.

         ¶ 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).[1] 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.

         ¶ 2 FACTS

         ¶ 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, ...

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