 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hobbs v. Hartford Insurance Co. of the Midwest1/21/2005
100,000 of underinsured-motorist coverage. Thus, the antistacking clause in the "General Provisions" and the more specific language in part 4 of the policy are consistent.
The Anheusers also argue that pursuant to the statement "We will not pay more than the limit of coverages for that particular car," found in the "Limit of Coverage" clause quoted above, all the coverages for a particular vehicle may be stacked-even those coverages not implicated by the facts of the case. Thus, for the auto involved in this accident, the Anheusers suggest stacking the $100,000 bodily injury limit with the $50,000 property damage limit, the $5,000 medical payment limit, and the $100,000 underinsured-motorist limit, resulting in $255,000 of coverage. According to the Anhesuers, this result is warranted because the "Limit of Coverage" clause does not stipulate that coverage is limited by the facts of the case.
This argument was not raised in the Anheusers' motion for summary judgment and a transcript of the hearing on that motion is not contained in the record. Assuming the Anheusers did not forfeit review of this argument, we reject it. "The touchstone in determining whether ambiguity exists regarding an insurance policy * is whether the relevant portion is subject to more than one reasonable interpretation [citation], not whether creative possibilities can be suggested." Bruder, 156 Ill. 2d at 193. The Anheusers' reading of the "Limit of Coverage" clause falls in the realm of "creative possibilities."
The Anheusers further argue that the same statement ("We will not pay more than the limit of coverages for that particular car") can be read to allow stacking of underinsured-motorist limits for all three vehicles covered by the policy, producing a per-person limit of $300,000. Again, this is not a reasonable interpretation. If Prudential's payment is limited to the coverage applicable to the "particular car," then stacking of coverage applicable to three cars is prohibited.
Where an ambiguity in an insurance policy is found, we will construe it in favor of the insured. We will not, however, "torture ordinary words until they confess to ambiguity." Western States Insurance Co. v. Wisconsin Wholesale Tire , Inc., 184 F.3d 699, 702 (7th Cir. 1999). The antistacking clause will be enforced as written. See Grzeszczak, 168 Ill. 2d at 230.
The judgments of the appellate and circuit courts in No. 97481 are reversed; the judgment of the circuit court in No. 98309 is reversed.
No. 97481-Judgments reversed.
No. 98309-Judgment reversed.
Page 1 2 3 4 5 6 7 8 9 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|