[Download] "State Farm Mutual Auto. Ins. Co. v. Schmitt" by Illinois Appellate Court — First District (3Rd Division) Judgment Affirmed * Book PDF Kindle ePub Free

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eBook details

• Title: State Farm Mutual Auto. Ins. Co. v. Schmitt
• Author : Illinois Appellate Court — First District (3Rd Division) Judgment Affirmed
• Release Date : January 31, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Plaintiff, State Farm Mutual Automobile Insurance Company, brought this declaratory judgment action to determine its obligation to defend and indemnify defendant Henry J. Kopeika, to whom plaintiff had issued a policy of automobile liability insurance. The court denied plaintiff's motion for summary judgment and granted Schmitt's motion for summary judgment. We affirm. Defendant Wendy Schmitt is Kopeika's sister-in-law and was allegedly injured in a single-car accident while riding in a car driven by Kopeika. Plaintiff sought a determination that it was not obligated to defend Kopeika in any suit arising out of this occurrence nor indemnify him for any judgment which might be obtained against him by Schmitt. Plaintiff claimed that there was no coverage because of an exclusion provision contained in its liability policy. This provision excludes coverage for bodily injury to any member of the family of the insured residing in the same household as the insured. Plaintiff alleged that at the time of the accident, Schmitt was a member of Kopeika's family and resided in Kopeika's household. The trial court found that the term family, as used in the exclusion clause, did not encompass a sister-in-law, and, therefore, the policy did not exclude coverage to Kopeika for the claims of Schmitt arising from the occurrence.

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