Kim v. State Farm Mutual Automobile Insurance Co.
2021 IL App (1st) 200135 (Ill. App., 2021)Words & Phrases
Excess/Umbrella Insurance: In GeneralTrial Judge
Caroline K. MorelandAppellate Judge
LampkinHolding
Insurer not required to disclose existence of umbrella insurance as part of insured's "personal private automobile liability insurance policy,"Fact Summary
Plaintiff Penny Kim’s amended complaint against defendants State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company (collectively, State Farm) sought class certification for individuals with personal injury claims arising from motor vehicle collisions and damages from State Farm’s alleged misrepresentations about or concealment of excess, or “umbrella,” insurance policies. Kim also alleged against State Farm claims of insurance code violations, common law and statutory fraud, negligent misrepresentation, and attorney fees and costs.
The circuit court granted summary judgment in favor of State Farm and against Kim, (1) ruling that insurers were not required to disclose the existence of an umbrella insurance policy in response to a demand under the insurance statutory provision at issue, and (2) denying Kim’s motion for additional discovery.
On appeal, Kim argues that (1) the circuit court misapplied the statutory provision regarding the disclosure of insurance coverage, (2) she presented sufficient evidence in support of her claims of fraud and negligent misrepresentation to show that State Farm made actionable false representations and omissions to conceal its insured’s policy limits, (3) she was entitled to attorney fees and costs based on State Farm’s vexatious and unreasonable actions, and (4) she was entitled to discovery on all her claims and class issues.
For the reasons that follow, we affirm the judgment of the circuit court.