Thounsavath v. State Farm Mutual Automobile Insurance Company
Thounsavath v. State Farm Mutual Automobile Insurance Company
Opinion
¶ 1 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.
¶ 2 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.
¶ 3 BACKGROUND
¶ 4 State Farm issued two policies of motor vehicle insurance to plaintiff. One policy insured a 1998 Pontiac Grand Am, and one policy insured a 2004 Pontiac GTO. Each policy provided liability, uninsured motorist, and underinsured motorist coverage in the amounts of $100,000 per person and $300,000 per accident. Both policies contained a "Driver Exclusion Endorsement" that excluded Clinton M. Evans. Driver exclusion endorsements are also referred to as named driver exclusions. Specifically, the driver exclusion endorsement provided:
"IT IS AGREED WE SHALL NOT BE LIABLE AND NO LIABILITY OR OBLIGATION OF ANY KIND SHALL ATTACH TO US FOR BODILY INJURY, LOSS OR DAMAGE UNDER ANY OF THE COVERAGES OF THIS POLICY WHILE ANY MOTOR VEHICLE
*1242 IS OPERATED BY: CLINTON M. EVANS." (Emphases in original.)
¶ 5 On June 17, 2012, plaintiff was a passenger in a 2007 Hyundai automobile that was owned and operated by Clinton Evans when Evans's vehicle was involved in an accident with another automobile. Plaintiff was injured in the accident. Plaintiff made a claim for damages against Clinton Evans for her personal injuries. Evans's insurer, American Access Insurance Company, paid plaintiff's claim in the amount of $20,000, the policy limit. Plaintiff then filed a claim for underinsured motorist coverage with State Farm for the June 17, 2012, accident. State Farm denied plaintiff's claim based upon the driver exclusion endorsement.
¶ 6 Plaintiff subsequently filed a complaint for declaratory judgment in the circuit court of Cook County, seeking a declaration that she was entitled to underinsured motorist coverage under her State Farm policies. Plaintiff alleged that she purchased automobile insurance policies from State Farm that included underinsured motor vehicle coverage for bodily injury. Plaintiff noted that she was involved in a motor vehicle accident while a passenger in a vehicle owned by Clinton Evans and sustained over $30,000 in medical bills related to the accident. Clinton Evans was at fault for the accident, and his insurer tendered the full policy limits of $20,000 to plaintiff. Plaintiff then sought to recover pursuant to the underinsured motorist coverage of her State Farm policies, but State Farm denied the claim, citing the named driver exclusion stating that Clinton Evans was an excluded driver. Plaintiff asserted that section 143a-2 of the Illinois Insurance Code ( 215 ILCS 5/143a-2 (West 2012) ) required all policies of insurance to provide underinsured motorist coverage to the named insured, so that State Farm's denial of plaintiff's underinsured motorist coverage violated the statute, as well as Illinois public policy. Plaintiff therefore sought a declaration that State Farm must provide her with underinsured motorist coverage under her State Farm policies.
¶ 7 State Farm filed an answer to plaintiff's complaint for declaratory judgment, denying that section 143a-2 of the Insurance Code required all policies of insurance to provide underinsured motorist coverage to the named insured. State Farm also filed a counterclaim for declaratory judgment, noting that it had issued two policies of automobile insurance to plaintiff. Both policies contained a driver exclusion endorsement, signed by plaintiff, which excluded coverage for bodily injury, loss, or damage under the policies while any motor vehicle is operated by Clinton Evans. State Farm denied that either of plaintiff's automobile insurance policies provided underinsured motorist coverage for the June 17, 2012, accident because all coverages were excluded while Clinton Evans operated any motor vehicle. State Farm sought a declaratory judgment in its favor declaring that there was no underinsured motorist coverage available to plaintiff under either policy for the June 17, 2012, accident, that State Farm had no duty to arbitrate any claim for underinsured motorist coverage made by plaintiff under either policy, and that there was no coverage of any kind available to plaintiff under either policy for the accident of June 17, 2012.
¶ 8 The circuit court ordered both parties to file cross-motions for summary judgment. State Farm filed a motion for summary judgment, arguing that the driver exclusion endorsement in both automobile policies issued to plaintiff did not violate the Insurance Code or the public policy of the state of Illinois. The circuit *1243 court denied State Farm's motion for summary judgment. Plaintiff then filed her motion for summary judgment, which the circuit court granted.
¶ 9 State Farm appealed, arguing that its driver exclusion endorsement did not violate section 143a-2 of the Insurance Code or Illinois public policy. The appellate court affirmed the circuit court.
¶ 10 The appellate court noted that, under section 7-601(a) of the Illinois Safety and Family Financial Responsibility Law (Financial Responsibility Law) ( 625 ILCS 5/7-601(a) (West 2012) ), a part of the Illinois Vehicle Code (Vehicle Code), no one may operate a motor vehicle or allow a vehicle to be operated without obtaining sufficient insurance.
¶ 11 The appellate court stated that the issue in this case was whether the named driver exclusion violated Illinois's mandatory insurance requirements and public policy where the exclusion barred coverage for the named insured. Although none of the cases cited by either party addressed that precise issue, the appellate court found the analysis in
American Access Casualty Co. v. Reyes
,
¶ 12 The issue in
Reyes
was whether an automobile liability policy could exclude the only named insured and owner of the vehicle without violating public policy.
Reyes
noted that the plain and unambiguous language of section 7-317(b)(2) of the Vehicle Code ( 625 ILCS 5/7-317(b)(2) (West 2010) ) mandated that an automobile liability policy cover the "person named therein."
Reyes
,
¶ 13 Similar to
Reyes
, the appellate court held that a named driver exclusion in an insured's automobile liability insurance policy that bars liability, uninsured, or underinsured coverage for the named insured violates Illinois's mandatory insurance requirements and Illinois public policy.
¶ 14 ANALYSIS
¶ 15 As noted, this case was decided based upon the parties' motions for summary judgment. Summary judgment motions are governed by section 2-1005 of the Code of Civil Procedure ( 735 ILCS 5/2-1005 (West 2012) ). Pursuant to section 2-1005, summary judgment should be granted only where the pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a
*1244
matter of law.
¶ 16 The granting of a summary judgment motion is subject to
de novo
review.
Id. at 399-400,
¶ 17 An insurance policy is a contract, so the rules applicable to contract interpretation govern the interpretation of an insurance policy.
Founders Insurance Co. v. Munoz
,
¶ 18 With some exceptions not at issue in this case, section 7-601(a) of the Financial Responsibility Law requires liability insurance coverage for all motor vehicles designed to be used on a public highway. 625 ILCS 5/7-601(a) (West 2012). The liability insurance policy must provide certain minimum liability amounts. Those amounts, both currently and at the time of the accident at issue in this case, are $20,000 for bodily injury or death to one person as a result of any one accident, $40,000 for bodily injury or death of all persons as a result of any one accident, and $15,000 for damage to the property of others as the result of any one accident. See
¶ 19 In addition to motor vehicle liability insurance coverage, the Insurance Code requires automobile liability insurance policies to also include uninsured motorist coverage. 215 ILCS 5/143a (West 2012). If the limits for the insured's liability coverage exceed the minimum amounts required by law, the uninsured motorist provisions must provide the same higher coverage amounts unless the excess amount is specifically rejected by the insured.
¶ 20 If the insured's uninsured motorist coverage limit exceeds the minimum liability limit required by the Financial Responsibility Law, the policy must
*1245
also include underinsured motorist coverage in an amount equal to the uninsured motorist coverage. 215 ILCS 5/143a-2(4) (West 2012). As with uninsured motorist coverage, the underinsured motorist coverage must extend to all those who are insured under the policy's liability provisions.
Schultz
,
¶ 21 As noted, in this case plaintiff was injured in an automobile accident while a passenger in Clinton Evans's automobile. Plaintiff sought to recover underinsured motorist benefits pursuant to her automobile liability policies with State Farm because the policy limits in Clinton Evans's automobile liability insurance policy were not sufficient to compensate plaintiff for her injuries. As in the lower courts, State Farm claims that plaintiff is not entitled to recover under her policies because Clinton Evans was excluded from coverage under the driver exclusion endorsement in plaintiff's policies. State Farm argues that named driver exclusions are permitted in Illinois and that plaintiff knew when she signed the driver exclusion endorsements in her policies that State Farm would not pay any liability of any kind, under any coverage, when Clinton Evans operated any automobile. Accordingly, State Farm maintains that plaintiff is not entitled to recover underinsured benefits under her policies with State Farm.
¶ 22 State Farm is correct that, in general, named driver exclusions are permitted in Illinois.
Reyes
,
¶ 23 In finding that the exclusion in this case was unenforceable against plaintiff, the appellate court found the Reyes decision to be instructive. State Farm distinguishes this case from Reyes on the basis that the exclusion in Reyes was directed at the sole named insured and owner, an exclusion which conflicted with the plain language of section 7-317(b)(2) of the Financial Responsibility Law. In contrast to Reyes , plaintiff in this case, the sole named insured and owner, was not excluded from liability coverage for her operation of any vehicle. State Farm also notes that Reyes dealt only with liability coverage, while plaintiff's claim here is for underinsured motorist coverage. Finally, State Farm observes that Reyes did not hold that a named driver exclusion per se violates the Financial Responsibility Law. Accordingly, State Farm argues that the appellate court erred in relying on Reyes to find the driver exclusion endorsement in this case unenforceable.
¶ 24 State Farm's focus in distinguishing Reyes is misplaced. The appellate court discussed Reyes because it found the analysis in Reyes instructive. That analysis addressed whether an exclusion directed to a mandatory statutory provision was enforceable. Whether an exclusion directed to a mandatory statutory provision is enforceable is also at issue in this case, albeit in the context of underinsured motorist coverage rather than liability coverage.
¶ 25 The main purpose of the mandatory liability insurance requirement is "to protect the public by securing payment of their damages."
Progressive Universal Insurance Co. of Illinois v. Liberty Mutual Fire Insurance Co.
,
¶ 26 Therefore, under Illinois law, liability, uninsured motorist, and underinsured motorist coverage are " 'inextricably linked.' "
Id. at 58,
¶ 27 The court in
State Farm Mutual Automobile Insurance Co. v. Villicana
,
¶ 28 That is exactly the situation in the instant case. Plaintiff purchased liability, uninsured motorist, and underinsured motorist coverage in an amount she deemed adequate for her own protection. Plaintiff had no control over the amount of liability insurance coverage that Clinton Evans purchased for his own vehicle. The liability insurance coverage that Clinton Evans purchased for his own vehicle was inadequate, so plaintiff sought the protection of the underinsured motorist coverage that she purchased from State Farm.
¶ 29 State Farm argues, however, that because plaintiff signed the driver exclusion endorsement naming Clinton Evans, plaintiff was precluded from recovering underinsured motorist coverage for an accident where Clinton Evans was the tortfeasor. State Farm claims that plaintiff was free to make her own contract with State Farm and chose to sign a contract *1247 with a driver exclusion endorsement naming Clinton Evans. State Farm also argues that plaintiff did have control over Evans and his decision to purchase minimal liability coverage because plaintiff had control over her choice to ride as a passenger in Evans's vehicle or in any vehicle operated by Evans.
¶ 30 An insurance policy is a contract, but the terms of an insurance contract must comport with the statutory requirements in effect when the policy is issued.
Schultz
, 237 Ill.2d at 408,
¶ 31 Neither the statute nor the case law places any restriction on the right of the parties to an insurance contract to agree on which persons are to be the "insureds" under an automobile insurance policy.
Heritage Insurance Co. of America v. Phelan
,
¶ 32 In this case, State Farm and plaintiff agreed that Clinton Evans was not an "insured" under plaintiff's automobile liability insurance policies. However, the parties agreed that plaintiff was an insured. Once plaintiff was designated an "insured" under her policies with State Farm, then, State Farm was prohibited from either directly or indirectly denying her underinsured motorist coverage.
¶ 33 Section 143a of the Insurance Code is plain and unambiguous in mandating that each policy must contain the specified uninsured coverage.
Squire v. Economy Fire & Casualty Co.
,
¶ 34 In this case, plaintiff and State Farm contracted for liability insurance in the amounts of $100,000 per person and $300,000 per accident, which exceeded the minimum statutory limits. Pursuant to section 143a of the Insurance Code, State Farm was required to include uninsured motorist coverage in those amounts in plaintiff's policies unless plaintiff specifically *1248 rejected the higher coverage amounts. Plaintiff did not reject the higher coverage amounts. Accordingly, section 143a-2 required plaintiff's policies to also include underinsured motorist coverage in amounts equal to her uninsured motorist coverage. The uninsured and underinsured amounts are mandated by statute.
¶ 35 Because the underinsured motorist coverage was mandated by statute, State Farm's driver exclusion endorsement could not exclude that coverage through a contractual provision. Under the facts of this case, application of the driver exclusion to bar plaintiff, the named insured, from recovering underinsured motorist coverage pursuant to her policies with State Farm violates section 143a-2(4) and, therefore, public policy.
¶ 36 In so holding, we note that the cases cited by State Farm in support of its position are distinguishable from the instant case. For example, in
Phelan
,
¶ 37 State Farm also relies on
Rockford Mutual Insurance Co. v. Economy Fire & Casualty Co.
,
¶ 38 The appellate court disagreed, noting that if a passenger is injured while riding in an uninsured vehicle, the passenger must look to his own policy for recovery under its uninsured motorist provision.
Id. at 187,
¶ 39 State Farm cites
Rockford Mutual
in support of its claim that enforcing its named driver exclusion does not violate the public policy of section 143a-2.
Rockford Mutual
, however, actually supports plaintiff's position in this case. As discussed,
Rockford Mutual
held that if a passenger is injured while riding in an uninsured vehicle, the passenger must look to his own policy for recovery under its uninsured motorist provision.
*1249
¶ 40 State Farm also claims that the decisions in
Villicana
,
¶ 41 In
Villicana
, the insured had two separate policies insuring two vehicles, one of which had higher policy limits than the other. The insured's daughter was injured while riding as a passenger in the vehicle insured with lower limits. Because the damages incurred by the insured's daughter exceeded the amounts she recovered from the driver of her father's car and from the liability policy on that car, she filed a claim for underinsured benefits pursuant to the policy insuring her father's other vehicle. That policy contained a "family car exclusion." The family car exclusion prevented an automobile, which is furnished for the regular use of the insured, the insured's spouse, or any relative who lives with the insured, from being deemed an underinsured motor vehicle. The issue before the court was whether an underinsurance policy could exclude benefits to a family member who is injured in a different family automobile.
Villicana
,
¶ 42
Villicana
held that, under the circumstances of the case, the exclusion could be enforced.
Id. at 441,
¶ 43 Here, in contrast, plaintiff had no control over the amount of liability insurance purchased by Clinton Evans for his own vehicle. As plaintiff observes, the law allows State Farm to refuse liability coverage to Clinton Evans, and once Evans was named as an excluded driver in plaintiff's policies, plaintiff was obligated to make sure that Evans did not drive her vehicles. The accident in this case did not occur while Evans was driving one of plaintiff's vehicles. The accident occurred when plaintiff was riding as a passenger in Evans's vehicle.
¶ 44 The named driver exclusion did not prevent Clinton Evans from driving his own, separately insured vehicle. The Financial Responsibility Law required Evans to obtain liability insurance in at least minimum liability amounts, which he did. Although State Farm argues that plaintiff had control over choosing whether to ride as a passenger in Clinton Evans's vehicle, we do not read the underinsured motorist statute as requiring an insured to determine a driver's limits of liability coverage before riding in his vehicle in order to recover underinsurance benefits.
¶ 45
Fuoss
also is distinguishable from this case. The insured in that case purchased liability coverage in the amounts of $25,000 per person and $50,000 per accident and uninsured motorist coverage in the amount of $15,000 per person and $30,000 per accident. The insurer, however, failed to offer the insured underinsured motorist coverage.
1
The insured was injured
*1250
in an automobile accident and settled with the tortfeasor for $100,000, the maximum amount payable under the tortfeasor's liability policy. The insured then sued his insurer, asking the court to reform his original insurance policy to include sufficient amounts of underinsured motorist coverage to compensate him for all the damages from the accident, which he claimed exceeded the $100,000 that he recovered from the tortfeasor.
Fuoss
,
¶ 46 The
Fuoss
court noted that section 143a-2(4) provided that an insured may elect to purchase limits of underinsured motorist coverage in an amount up to the uninsured motorist coverage on the insured vehicle, which under the insured's policy was $15,000 per person and $30,000 per accident.
Id. at 433-34,
¶ 47 State Farm suggests that plaintiff in this case is attempting to secure more protection for herself than she was willing to extend to the general public when she agreed to and signed the named driver exclusion. This is incorrect. The accident in this case happened while Clinton Evans was driving his own vehicle, insured under his own policy. If a member of the general public was injured in an accident with Clinton Evans, he or she could recover from Evans under Evans's liability policy. If that individual's underinsured motorist policy provided higher limits than Evans's liability policy, they could seek underinsured motorist coverage under their policy, as plaintiff is doing in this case. A member of the general public has the same right as plaintiff to obtain higher limits of underinsured motorist coverage from their insurer.
¶ 48 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. Section 143a mandates that every automobile liability insurance policy provide uninsured motorist coverage in at least the minimal amounts required under the Vehicle Code. If the insured's uninsured motorist coverage limit exceeds the minimum liability limit required by the Financial Responsibility Law, as plaintiff's did, section 143a-2 mandates that the policy also include underinsured motorist coverage in an amount equal to the uninsured motorist coverage. Because section 143a-2 mandated that plaintiff's policy include underinsured motorist coverage, excluding plaintiff from underinsured motorist coverage through a contractual provision violates section 143a-2 *1251 and, therefore, public policy, under the facts of this case. The driver exclusion endorsement in plaintiff's policies with State Farm was not enforceable to exclude underinsured motorist coverage to plaintiff for the June 17, 2012, accident. Accordingly, the appellate court properly affirmed the trial court's order granting summary judgment in favor of plaintiff on her complaint for declaratory judgment.
¶ 49 CONCLUSION
¶ 50 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.
¶ 51 Appellate court judgment affirmed.
Chief Justice Karmeier and Justices Freeman, Kilbride, Garman, Burke, and Theis concurred in the judgment and opinion.
The statute in effect at the time of the Fuoss decision stated that when an offer of uninsured motorist coverage was made to the insured, that offer should also include an offer of underinsured motorist coverage. See Ill. Rev. Stat. 1981, ch. 73, ¶ 755a-2(3).
Reference
- Full Case Name
- Phoungeun THOUNSAVATH, Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.
- Cited By
- 20 cases
- Status
- Unpublished