(Download) "Hawkins v. Wiggins" by Illinois Appellate Court — First District (2Nd Division) Judgment Affirmed ~ Book PDF Kindle ePub Free
eBook details
- Title: Hawkins v. Wiggins
- Author : Illinois Appellate Court — First District (2Nd Division) Judgment Affirmed
- Release Date : January 30, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Mary Heidi Severs, a minor, was injured on August 1, 1974, in a one-vehicle accident while riding as a passenger in her fathers automobile, which was insured by the defendant Country Mutual Insurance Company (Country Mutual). The car was being driven by the co-defendant Dixie L. Rogers, who was uninsured. On December 4, 1978, Mary Heidi, by her mother, Geri S. Severs, individually and as next friend, and her father, Perry A. Severs, Jr. (Severs), filed a complaint for a declaratory judgment construing the terms of the automobile insurance policy issued to Severs by Country Mutual. The circuit court of St. Clair County held there was no coverage under the liability provisions of the policy because of an exclusion in the policy barring recovery by a resident relative of the named insured, Severs. The court also declared that coverage under the uninsured motorist section of the policy extended to Mary Heidi, but it held that the plaintiffs Page 518 had failed to comply with the sections requirement that any action under the section be commenced within two years of the accident. The motion for summary judgment which the plaintiffs had also filed was denied, and the complaint for declaratory judgment was dismissed with prejudice. The appellate court decided that because of the family-exclusion provision there was no coverage under the liability section of the policy, but it held that the provision that suit for recovery under the uninsured motorist provision had to be brought within two years was against public policy when applied in the case of a minor. (91 Ill. App.3d 350.) We granted Country Mutuals petition for leave to appeal. 73 Ill.2d R. 315.
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