Menard, Inc. v. Country Preferred Ins. Co.

2013 IL App (3d) 120340 (Ill. App., 2013)

Words & Phrases

Definitions: Arising Out Of The Ownership, Maintenance Or Use

Trial Judge

Hon. Barbara Petrungaro

Appellate Judge

Justice McDade

Holding

Customer's auto insurer had duty to defend store against customer’s claims for personal injuries arising out of the loading of customer's car.

Fact Summary

 

In an action arising from a dispute over the insurance coverage for the injuries defendant suffered when she tripped and fell while helping an employee of plaintiff building supply store load brick into defendant’s car, the trial court properly determined that the store was covered as an insured under the provision of defendant’s automobile liability policy stating that it covered injuries caused by the use of the insured vehicle in “loading or unloading,” and had a duty to defend the store in plaintiff’s personal injury action, since the store’s employee was using the insured vehicle in the loading process, the injury occurred during the loading and was causally connected to the loading, and potentially, the fall and resulting injuries could have been caused by the store’s negligence in allowing debris to remain in the area where defendant fell.

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