Hess v. The Estate of Klamm
2019 IL App (5th) 180220 (Ill. App., 2019)Words & Phrases
Limits Of LiabilityTrial Judge
Eric J. DirnbeckAppellate Judge
MooreHolding
Liability limits of $100,000 per person and $300,000 per accident, listed twice on the three pages of policy Declarations, would be stacked, providing total limits of $200,000 per person and $600,000 per accidentFact Summary
The defendant, State Auto Insurance Companies d/b/a Meridian Security Insurance Company (Meridian), appeals from the March 14, 2018, order of the circuit court of Franklin County, which granted the cross-motion for summary judgment filed by the plaintiffs, Loretta Hess, as guardian of the estate of Meadow Hess, a minor child; Chad Hess, individually and as independent administrator of the estate of Sierra Hess, deceased; and Pauline Kiselewski, as independent administrator of the estate of Richard Kiselewski, deceased. In granting the plaintiffs’ motion, the circuit court issued a declaratory judgment that Meridian, as an insurer of the defendant, the estate of TJay Klamm, had the duty to stack the bodily injury liability limits of a policy covering four automobiles as a result of an automobile collision in which Klamm was involved when driving one of the four automobiles, resulting in coverage for the collision in the amount of $400,000 per person and $1.2 million per accident. The March 14, 2018, order also effectively denied Meridian’s motion for judgment on the pleadings. For the reasons that follow, we modify the judgment, finding coverage in the amount of $200,000 per person and $600,000 per accident.