HALL v. GENERAL CAS. CO. OF ILLINOIS

No. 5-01-0412.

766 N.E.2d 680 (2002)

328 Ill. App.3d 655

262 Ill.Dec. 760

Jesse HALL, Angel Hall, and Austin Hall, a Minor, by Jesse Hall, His Father and Next Friend, Plaintiffs and Counter-Defendants-Appellees, v. GENERAL CASUALTY COMPANY OF ILLINOIS, Defendant and Counter-Defendant-Appellant (Paul Davis and Robert W. Smith, Defendants and Counterdefendants, and James M. Smith, Defendant and Counterplaintiff).

Appellate Court of Illinois, Fifth District.

March 26, 2002.


Attorney(s) appearing for the Case

James R. Mendillo, Michael E. Donelson, Freeark, Harvey, Mendillo, Dennis, Wuller, Cain & Murphy, P.C., Belleville, for Appellant.

Bruce D. Irish, Sam C. Mitchell & Associates, West Frankfort, for Jesse Hall, etc.

Stephen W. Stone, Howerton, Dorris, Stone & Phelps, Marion; James D. Lopp, Jr., Lopp & Lopp, Evansville, for Robert W. Smith and James Michael Smith.


Justice WELCH delivered the opinion of the Court.

We visit once again the question of the enforceability of a provision in an insurance policy that purports to prohibit the aggregation or stacking of liability coverage limits for two separate vehicles insured under the same policy. Under the facts of this case, we find that the insurance policy is ambiguous as to this question and that the antistacking provision is therefore unenforceable.

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