[Download] "Maryland Cas. Co. v. Iowa Nat. Mut. Ins." by Supreme Court of Illinois * eBook PDF Kindle ePub Free

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eBook details

• Title: Maryland Cas. Co. v. Iowa Nat. Mut. Ins.
• Author : Supreme Court of Illinois
• Release Date : January 04, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

This action for declaratory judgment was brought by plaintiff, Maryland Casualty Company, in the circuit court of Champaign County under the provisions of section 57.1 of the Civil Practice Act (Ill. Rev. Stat. 1971, ch. 110, par. 57.1). The issues presented by this appeal are whether insurance coverage was provided defendant William S. Horton, in connection with claims made against him by Charles B. McElhaney and Harold E. Morlan for personal injuries arising out of an automobile collision, under the terms of either or both of two liability policies, one issued by plaintiff and the other by defendant Iowa National Mutual Insurance Company, hereafter called defendant, and if by both, which coverage was primary and which excess. The circuit court directed verdicts against both insurance carriers and entered judgment holding that the plaintiff's policy provided primary coverage and the policy issued by defendant provided excess coverage. Plaintiff appealed, defendant cross-appealed, the appellate court reversed the judgment (5 Ill. App.3d 384), holding that no coverage was provided Horton by either policy, and we granted plaintiff's petition for leave to appeal. The facts are reviewed in detail in the opinion of the appellate court and will be restated only to the extent necessary to this opinion. In view of the fact that the decision of the appellate court relieves both plaintiff and defendant of liability under their respective policies, we consider it advisable to explain why plaintiff sought leave to appeal. From pleadings on file in this court it appears that following the entry of the circuit court judgment plaintiff assumed the defense of the claims made against Horton, disposed of them for sums within its policy limits, and Horton and the claimants Morlan and McElhaney are no longer parties to this appeal. If we were to reverse the judgment of the appellate court holding that defendant's policy did not provide coverage, and affirm the judgment as to plaintiff, presumably plaintiff would seek to recover from defendant the sums which it has expended.

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