CZAPSKI v. MAHER

Nos. 1-07-2137, 1-07-2207, 1-07-2266.

896 N.E.2d 394 (2008)

Mark CZAPSKI and Anna Czapski-Florek, Co-Special Administrators of the Estate of Roger Czapski, Deceased, Plaintiffs-Appellants, v. Christopher MAHER, Progressive Universal Insurance Company f/k/a Progressive Universale Insurance Company of Illinois, a Corporation, Progressive Premier Insurance Company of Illinois, a Corporation, National Casualty Company, a Corporation, and Federal Insurance Company, a Corporation, Defendants-Appellees. Paul Jasinski and Thomas Guarnieri, Plaintiffs-Appellants, v. Christopher Maher, Scottsdale Indemnity Company, a Corporation, National Casualty Company, a Corporation, Federal Insurance Company, a Corporation, and Progressive Universal Insurance Company, f/k/a Progressive Universal Insurance Company of Illinois, a Corporation, Defendants-Appellees. National Casualty Company, Cross-Plaintiff, Third-Party Plaintiff, Appellee, v. Christopher Maher, Cross-Defendant, Appellant, and Sarah Ferris, Mark Czapski and Anna Czapski-Florek, Co-Special Administrators of the Estate of Roger Czapski, Deceased, Third-Party Defendants, Appellants.

Appellate Court of Illinois, First District, First Division.

September 30, 2008.


Attorney(s) appearing for the Case

Connelly, Roberts & McGivney, LLC (Thomas R. Rakowski of Counsel), Lloyd & Cavanagh (Timothy J. Cavanagh and Matthew M. Rundio, of Counsel), Chicago, IL, for Appellants, Czapski and Czapski-Florek.

Leyhane & Associates, Ltd. (Francis J. Leyhane III of Counsel), James J. Roche & Associates James J. Roche and LeeAnn M. Crow of Counsel), Chicago, IL, for Appellants Jasinki and Guarnieri.

Meagher & Geer, PLLP (Pro Hac Vice) Thomas H. Crouch, Esq. and Kurt M. Zitzer, Esq. of Counsel), Scottsdale, AZ, Tressler, Sodestrom, Maloney & Priess, LLP (James R. Murray, Esq. of Counsel), Chicago, IL, for Appellee, National Casualty Company.


Presiding Justice ROBERT E. GORDON delivered the opinion of the court:

This consolidated appeal arises from a trial court's finding of no coverage under two insurance policies issued to an automobile dealership. The major issue presented before the trial court was whether a test-driver of a motor vehicle owned by an automobile dealership was a "customer" of that dealership for purposes of an exclusionary clause, excluding "customers" from coverage, under an automobile...

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