American Service Insurance Company v. Arthur Jones

401 Ill.App.3d 514, 927 N.E.2d 840, 340 Ill. Dec. 101 (1st dist. 3rd div. 2010)

Words & Phrases

Mandatory Insurance

Trial Judge

Mary Anne Mason

Appellate Judge

Steele

Holding

Illinois Commercial Transportation Law required that motor carrier’s insurance policy provide coverage for truck rented by motor carrier even though the rental truck was not reported to the moving company’s insurer or listed on policy. Transportation Act required that the motor carrier’s coverage be primary. Separate insurance on the rental truck through the rental company would have been secondary or excess but was ruled co-primary by the court because the rental company violated Illinois public policy by not offering the customer the choice of primary coverage. Finally, it was not premature to construe the limits of the rental company’s policy even though the underlying injury suit was not yet resolved.

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