Busch v. Country Financial Insurance Co.

2018 IL App (5th) 140621 (Ill. App., 2018)

Words & Phrases

Uninsured Motorist Coverage: Stacking

Trial Judge

Donald M. Flack

Appellate Judge

Moore

Holding

Insurer’s anti-stacking provision was unambiguous and barred stacking of UM coverage where insured had two policies with insurer.

Fact Summary

This appeal is taken from the Madison County circuit court’s order granting summary judgment in favor of the plaintiff, Georgie Busch, and against the defendant, Country Financial Insurance Company (Country Mutual). 1 The circuit court found that the antistacking provisions in Country Mutual’s insurance policies were ambiguous and should be construed against Country Mutual. On April 13, 2017, this court issued a decision in this cause, which affirmed the order of the circuit court. On May 5, 2017, Country Mutual filed a petition for rehearing, which this court granted on May 26, 2017. After full briefing on the petition for rehearing pursuant to Illinois Supreme Court Rule 367 (eff. Aug. 15, 2016), we reverse and remand with directions that a summary judgment be entered in favor of Country Mutual.

Justice Goldenhersh dissented with opinion.

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