Direct Auto Ins. Co. v. Beltran

2013 IL App (1st) 121128 (Ill. App., 2013)

Words & Phrases

Rescission

Trial Judge

Hon. LeRoy Martin

Appellate Judge

Presiding Justice Gordon

Holding

Misrepresentation in application concerning the gender of the insured driver was not material and did not void policy.

Fact Summary

In an insurer’s action seeking a declaratory judgment that the automobile liability policy issued to defendant was rescinded and null and void ab initio, the trial court properly denied plaintiff’s motion for summary judgment and granted defendants’ motion for summary judgment based on the finding that the policy provided coverage, notwithstanding the facts that the named insured’s application listed her gender as “M,” even though she was a female, it stated that she had an international driver’s license, that only one driver resided at her residence and that there would be only one driver of the insured vehicle, since the named insured stated in her deposition that she did not know how to drive and that she purchased the insured vehicle for her brother to drive to work, the facts that the named insured’s application  was taken over the telephone and was not signed by the named insured, and under the circumstances, any misrepresentations were not material, because the number of regular drivers was not misstated, the chances of the events insured against were not substantiallyincreased, and most importantly, there was no indication the named insured intentionally misrepresented any facts.

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