FOUNDERS INS. CO. v. MUÑOZ

Nos. 1-07-0792, 1-08-0208, 1-08-0415, 1-08-2042, 1-08-2059 and 1-08-2283.

905 N.E.2d 902 (2009)

329 Ill.Dec. 64

FOUNDERS INSURANCE COMPANY, Plaintiff-Appellee, v. Albert L. MUÑOZ, Paulina Flores, Ewa R. Johnson and Allstate Insurance Company, a/s/o Ewa Johnson, Defendants-Appellants. Founders Insurance Company, Plaintiff-Appellee, v. Daniel Vallarta, Florencio Vallarta, Allstate Insurance Company, a/s/o Demetra Soter, and USAA Casualty Insurance Company a/s/o Patricia Saifuddin, Defendants-Appellants. Founders Insurance Company, Plaintiff-Appellee, v. Yaroslav Honchar, Allstate Insurance Company a/s/o Shirley Brown, Bernard Riley, Edward Magraff, Barbara Magraff, and State Farm Mutual Insurance Company, Defendants-Appellants. Safeway Insurance Company, Plaintiff-Appellee, v. Flavio Fernandez, Sergio Ramirez, Pedro Almaraz, Rolando Almaraz, Sandra Flores and Allstate Insurance Company, Defendants-Appellants. Founders Insurance Company, Plaintiff-Appellee, v. Laura Levan, Special Administrator of the Estate of Christine L. Seekamp, Deceased, David Schlesinger and Allstate Property & Casualty Insurance Company, Defendants-Appellants. Founders Insurance Company, Plaintiff-Appellee, v. Rafael Tecpanecatl, Vicente T. Chapa, Lourdes Class, Allstate Insurance Company a/s/o Mike M. Marusic, Mike M. Marusic, Individually, Kara C. Campos, Allstate Insurance Company a/s/o Vickie L. Ritter, Vickie L. Ritter, Individually, and Heather M. Burns, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied April 30, 2009.


Attorney(s) appearing for the Case

Shari Shelmadine, The Law Office of Shari Shelmadine, Michael O'Halloran & Keely Hillison, Parrillo, Weiss & O'Halloran, Chicago, IL, for Plaintiff-Appellee Founders Insurance, et al.

Peter C. Morse & Cynthia Ramirez, Morse & Bolduc, Steven A. Drizin, Alison R. Flaum, Center on Wrongful Convictions, Chicago, IL, for Defendants-Appellants Albert L. Muñoz et al.


Justice TOOMIN delivered the opinion of the court:

This consolidated appeal arises from declaratory judgment actions to enforce the provisions of automobile insurance policies which excluded coverage for the named insured and permissive drivers who did not have a reasonable belief they were entitled to use a motor vehicle. The complaints sought a declaration that plaintiffs had no duty to defend or indemnify defendants in six subrogation cases pending in the circuit...

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