from the Circuit Court No. 09-MR-663 of the 12th Judicial
Circuit, Will County, Illinois, Honorable John C. Anderson,
JUSTICE HOLDRIDGE delivered the judgment of the court, with
opinion. Justices McDade and Schmidt concurred in the
judgment and opinion.
1 The defendant, Robert Pritchett, appeals from the circuit
court's order granting declaratory judgment for the
plaintiff, Cincinnati Insurance Company (Cincinnati), and
argues that the court's decision was against the manifest
weight of the evidence.
3 In October 2007, Pritchett was driving a semitruck owned by
his employer, Carl A. Anderson & Sons, Inc., when
Pritchett lost control of the truck, hit the curb, and
flipped the truck over. Cincinnati had issued an automobile
liability insurance policy to Carl A. Anderson & Sons,
Inc. Pertinent portions of the policy stated,
1. We will pay all sums the 'insured' is legally
entitled to recover as compensatory damages from the owner or
operator of an 'uninsured motor vehicle.' The damages
must result from 'bodily injury' sustained by the
'insured' caused by an 'accident.' The
owner's or operator's liability for these damages
must result from the ownership, maintenance or use of the
'uninsured motor vehicle.'
F. Additional Definitions
As used in this endorsement:
4. 'Uninsured motor vehicle' means a 'motor
c. That is a hit-and-run vehicle and neither the driver nor
owner can be identified. The vehicle must hit, or cause an
object to hit, an 'insured, ' a covered
'auto' or a vehicle an 'insured' is
'occupying.' If there is no physical contact with
the hit-and-run vehicle, ...