Goldstein v. Grinnell Select Ins. Co.

2016 IL App (1st) 140317 (Ill. App., 2016)

Words & Phrases

Underinsured Motorist Coverage: Owned Vehicle Exclusion

Trial Judge

Kathleen Pantle

Appellate Judge

Hall

Holding

Riding lawnmower is a “motor vehicle,” and such policy exclusion is not against public policy.

Fact Summary

Dawn Renee Goldstein, executor of the estate of Gilbert Gail Gerth, deceased, appeals from an order of the circuit court of Cook County denying her motion for summary judgment and granting summary judgment to the defendant, Grinnell Insurance Company, on her complaint for declaratory judgment. On appeal, the plaintiff contends that (1) an automobile liability policy excluding underinsured-motorist coverage for an owned vehicle is unenforceable under Illinois law and (2) the policy exclusion does not apply because a riding lawnmower is not a motor vehicle.

The plaintiff alleged that the policy exclusion for an owned vehicle was unenforceable in the context of underinsured-motorist coverage in Illinois and that a riding lawnmower was not a “motor vehicle” under the defendant’s policy, the underinsured motorist provisions of Illinois law and Illinois case law.

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