FOUNDERS INS. CO. v. CONTRERAS

No. 1-04-3188.

842 N.E.2d 177 (2005)

362 Ill. App.3d 1052

299 Ill.Dec. 438

FOUNDERS INSURANCE COMPANY, Plaintiff-Appellee, v. Joel CONTRERAS Jr., Allstate Insurance Company a/s/o Sung Kuk and Sung Kuk, Individually, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

December 20, 2005.


Attorney(s) appearing for the Case

Morse & Bolduc (Peter C. Morse and Jeffrey A. Siderius, of counsel), Chicago, for Appellants.

Newman, Raiz & Shelmadine, L.L.C. (Shari S. Shelmadine, of counsel), Chicago, for Appellee.


Justice HALL delivered the opinion of the court:

This appeal arises out of an automobile collision between vehicles driven by defendants-appellants Joel Contreras, Jr., and Sung Kuk. The sole issue on appeal is whether the "initial permission" rule applies under the facts in this case, thereby entitling Joel Contreras, Jr., (hereinafter Contreras Jr.), to automobile liability coverage.

The "initial permission" rule provides that once the owner or named insured...

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