Thounsavath v. State Farm Mutual Automobile Insurance Co.
2018 IL 122558 (IL. 2018)Words & Phrases
Exclusions: Named DriverAppellate Judge
ThomasHolding
Named-driver exclusion could not be used to bar UIM coverage to named insured passenger; to do so would violate Section 143a-2(4) of the Insurance Code and public policy.Fact Summary
Plaintiff Phoungeun Thounsavath sought underinsured motorist coverage from defendant, State Farm Mutual Automobile Insurance Company (State Farm), stemming from an automobile accident that occurred while she was a passenger in a vehicle driven by Clinton Evans. State Farm denied plaintiff’s claim for underinsured motorist coverage based upon a driver exclusion endorsement in plaintiff’s automobile liability insurance policies with State Farm. The driver exclusion endorsement named Clinton Evans as an excluded driver. Both parties filed complaints for declaratory judgment. On cross-motions for summary judgment, the trial court granted summary judgment in favor of plaintiff. The appellate court affirmed. 2017 IL App (1st) 161334. This court allowed State Farm’s petition for leave to appeal. Ill. S. Ct. R. 315 (eff. July 1, 2017).
None of the cases cited by State Farm support its claim that the driver exclusion endorsement in plaintiff’s policies could deny plaintiff underinsured motorist coverage under the facts of this case. For all the foregoing reasons, we affirm the judgment of the appellate court, which affirmed the trial court’s order denying State Farm’s motion for summary judgment and granting plaintiff’s motion for summary judgment.