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Illinois Farmers Insurance Co. v. Marchwiany10/28/2005
In a declaratory action dispute over the limits of underinsured motorist (UIM) coverage, defendants Urszula Marchwiany, individually and as administrator of the estate of Boguslaw Marchwiany, Mirsoslaw Boguslaw Marchwiany, and Stanley Mark Marchwiany (collectively, defendants) appeal the order entered by the circuit court on cross-motions for summary judgment. The court denied defendants' motion, but granted plaintiff Illinois Farmers Insurance Company's (Farmers) motion, in which Farmers sought a declaration that the per-person UIM coverage limit applied to defendants' claims. On appeal, defendants' primary contention is that the court improperly failed to find the $300,000 per-occurrence UIM coverage limit applicable to their claims. For the reasons that follow, we affirm.
BACKGROUND
On September 28, 2000, Boguslaw Marchwiany was operating a vehicle that was insured under a policy issued by American Family Insurance Company (American Family). He was driving south on Mannheim Road, as was Peter Gonzalez. Kashonda Milliner was driving north on Mannheim. Gonzalez made a left turn in front of Milliner; Milliner's car struck the rear of the Gonzalez vehicle, then traveled into the southbound lanes of Mannheim, striking Boguslaw's vehicle. Boguslaw died from the injuries he sustained in that accident.
Boguslaw's wife Urzsula, who is the administrator of his estate, and sons, Miroslaw Boguslaw and Stanley Mark, are the defendants in this action.
Boguslaw had an automobile liability policy (No. 22-14754-62-67) issued by Farmers (the Farmers policy) with UIM coverage limits of $100,000 per person and $300,000 per occurrence (referred to as $100,000/$300,000 coverage) that was effective on the date of his fatal accident. The American Family policy on the vehicle Boguslaw drove that day had the same UIM coverage limits of $100,000/$300,000.
Boguslaw's estate filed legal action against Gonzalez and Millliner. In settlement of the claims, Gonzalez paid his liability limit of $100,000 and Milliner paid $19,000 of her $20,000 liability limit. Defendants then made UIM claims for Boguslaw's personal injuries and for wrongful death to Farmers, which Farmers contends are not applicable for this occurrence. American Family paid defendants $80,000 in UIM coverage for which defendants released American Family from further liability.
In April 2003, Farmers filed its complaint for declaratory relief pursuant to section 2-701 of the Code of Civil Procedure. 735 ILCS 5/2-701 (West 2002). In its complaint, Farmers alleged that: Boguslaw was the only person to sustain bodily injury; defendants seek UIM benefits due to their consequential damages; and defendants' claims are subject to the UIM per-person limit of $100,000. Farmers further alleged that:
Gonzalez had liability limits of $100,000, which he paid in settlement of defendants' claim; Gonzalez does not qualify as an underinsured motorist under the UIM provision of the Farmers policy; the American Family policy provided the same amount of coverage ($100,000/ $300,000) as the Farmers policy; the Farmers policy is excess to the American Family policy; and Farmers is only required to pay UIM coverage to the extent its limits exceed those of the American Family policy, but the limits of the Farmers and American Family policies are the same. Farmers sought a declaration that, among other things, the per-person, $100,000 limit applies to defendants' claims and that it has no obligation to provide UIM coverage to defendants.
In January 2004, defendants filed a countercomplaint for declaratory judgment in which they alleged that: there are two potential tortfeasors; the $300,000
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