Chicago Attorney, David J. Roe, Suggest That an Insurance Policy Be Read As A Whole
Helen Brown (Brown), administratrix of the estate of Lee West (West), sued Roger Slifer (Slifer) for the wrongful death of her son. In 2002, West was struck by a hit and run driver, and died as a result of the injuries. Approximately five years later, Mr. Slifer confessed to the hit and run and was subsequently sentenced to fourteen years in prison. Mr. Slifer also admitted that he failed to report the incident to his insurance company. Upon the admission by Mr. Slifer, Brown filed suit a wrongful death action against him.
Mr. Slifer owned an insurance policy from American Standard Insurance Company (American Standard). The insurance policy included a provision which required prompt notification to the insurer of any car accident or loss. American Standard filed a declaratory judgment action arguing that there was no obligation to defend or represent Mr. Slifer against the wrongful death suit because he did not promptly notify American Standard promptly after the accident occurred.
The trial court granted American Standard’s motion for summary judgment because Mr. Slifer failed to comply with the insurance policy requirement of prompt notification of a car accident or loss. Therefore, Mr. Slifer breached his contractual duties under the policy. Brown’s cross motion for summary judgment argued that the prompt notification provision in the policy was ambiguous. Brown contended that the placement of the notification provision made it appear to be a suggestion and not mandatory. Although the court did agree that the provision could have been placed in a better location in the policy, the policy provisions must be read together and construed as a whole. Because Mr. Slifer breached his contractual duties under the policy, American Standard had no duty to defend or indemnify him in regards to the accident. The appellate court affirmed, ruling in favor of American Standard.
American Standard Ins. Co. of Wisconsin v. Slifer. 395 Ill.App.3d 1056, 919 N.E.2d 372 Ill.App. 4 Dist.,2009. November 06, 2009
