First Chicago Ins. Co. v. My Personal Taxi and Livery, Inc.

2019 IL App (1st) 190164 (Ill. App., 2019)

Words & Phrases

Duty To Defend: Use of Motor Vehicle

Trial Judge

Celia Gamrath

Appellate Judge

Harris

Holding

Escorting blind passenger into hospital constitutes use of a motor vehicle.

Fact Summary

This case concerns a declaratory judgment action by plaintiff-appellee First Chicago Insurance Company (First Chicago) against defendant-appellant Ronald Dixon and defendants My Personal Taxi and Livery Service, Inc. (Livery Service), and Juan Rangel. First Chicago sought declarations that First Chicago’s insurance coverage of Livery Service did not encompass injuries to Livery Service passenger Dixon allegedly caused by the negligence of Rangel, Livery Service’s agent, in assisting or escorting Dixon to a hospital entrance so that First Chicago had no duty to defend Livery Service or Rangel regarding Dixon’s claims. Upon cross-motions for summary judgment by First Chicago and Dixon, the court granted summary judgment for First Chicago. Dixon appeals, contending that the court erred in denying him summary judgment and granting summary judgment for First Chicago. For the reasons stated below, we reverse the judgment of the circuit court and enter judgment in favor of Dixon upon his summary judgment motion.

Back