Country Mutual Ins. Co. v. Oehler’s Home Care, Inc.

2019 IL App (4th) 190080 (Ill. App., 2019)

Words & Phrases

Exclusions: Motor Vehicle

Trial Judge

Paul G. Lawrence

Appellate Judge

Steigmann

Holding

Claim alleging that deceased was injured when defendants’ employees were in process of transferring deceased into its van was use of an auto.

Fact Summary

In February 2015, Shellie Oehler, as executor of the estate of Jeffrey Oehler (the Estate), filed a complaint against Oehler’s Home Care, Inc. (OHC), alleging employees of OHC caused the death of Jeffrey Oehler, a spastic quadriplegic who required constant care, by negligently providing care while preparing to place Jeffrey in a van. The complaint alleged that in April 2013, two employees were preparing to place Jeffrey in a specialized vehicle to transport him home when Jeffrey fell from his wheelchair, broke his neck, and subsequently died. The complaint asserted that OHC’s employees were negligent when they (1) “failed to properly monitor [Jeffrey] in his wheelchair during preparation for transport,” (2) “failed to properly restrain [Jeffrey] in preparation for transport,” and (3) “failed to properly and reasonably care for him to prevent a fall from his wheelchair.”

In April 2018, the parties filed cross-motions for summary judgment. In January 2019, the trial court granted summary judgment in favor of defendants, concluding that the auto and professional services exclusions did not apply.

Country Mutual appeals, arguing the trial court erred when it entered summary judgment in favor of defendants and denied Country Mutual’s motion for summary judgment because the accident involved (1) the use of a vehicle and (2) the rendering of professional services, both of which were excluded from coverage under the business owners policy. We agree with Country Mutual’s first argument and reverse the trial court’s judgment.

Back