CZAPSKI v. MAHER

No. 1-10-0948.

954 N.E.2d 237 (2011)

352 Ill. Dec. 377

Mark CZAPSKI and Anna Czapski-Florek, Co-Special Administrators of the Estate of Roger Czapski, Deceased, Plaintiffs-Appellees, v. Christopher MAHER, Motor Werks of Barrington, Inc., National Casualty Company, a Corporation, Federal Insurance Company, a Corporation, Defendants-Appellants (National Casualty Company, Defendant and Counterplaintiff-Appellant; Christopher Maher, Individually; Mark Czapski and Anna Czapski-Florek, Co-Special Administrators of the Estate of Roger Czapski, Deceased, Counterdefendants-Appellees).

Appellate Court of Illinois, First District, Sixth Division.

June 10, 2011.


Attorney(s) appearing for the Case

Thomas H. Crouch , Kurt M. Zitzer , Meagher & Geer, PLLP, Scottsdale, Roderick T. Dunne , Carrie Von Hoff , Karbal, Cohen, Economou, Silk & Dunne, LLC, Chicago, for National Casualty Co.

Todd S. Schenk , Amber C. Coisman , Tressler LLP, Chicago, for Federal Insurance Co.

Kevin M. Forde , Joanne R. Driscoll , Kevin M. Forde, LTD., Thomas R. Rakowski , Thomas R. Rakowski, P.C., Timothy J. Cavanagh , Matthew M. Rundio , Cavanagh Law Group, Chicago, for Appellees.


OPINION

Justice R. GORDON delivered the judgment of the court, with opinion.

¶ 1 The key issue in this appeal is whether a person who test-drives a motor vehicle is a "customer" within the meaning of an auto dealership's umbrella and excess insurance policies.

¶ 2 BACKGROUND

¶ 3 This is a declaratory judgment action regarding coverage under an auto dealership's umbrella and excess insurance policies. The key issue in this...

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