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Cincinnati Insurance Co. v. Pritchett

Court of Appeals of Illinois, Third District

June 12, 2018

CINCINNATI INSURANCE COMPANY, Plaintiff-Appellee,
v.
ROBERT PRITCHETT, Defendant-Appellant.

          Appeal from the Circuit Court No. 09-MR-663 of the 12th Judicial Circuit, Will County, Illinois, Honorable John C. Anderson, Judge, Presiding.

          JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. Justices McDade and Schmidt concurred in the judgment and opinion.

          OPINION

          HOLDRIDGE JUSTICE

         ¶ 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.

         ¶ 2 FACTS

         ¶ 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,

"A. Coverage

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 vehicle':

** *

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, ...


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