Automobile Accident Complaint 3 (seeking declaratory relief from insurance company)

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Circuit Court of Illinois.
County Department
Chancery Division
Cook County
TERRENCE and Marie Domin, Plaintiffs,
v.
SHELBY INSURANCE COMPANIES, a foreign corporation, Defendant.
No. 00CH08224.
2008.
Complaint for Declaratory Reliee.

One of the Attorneys for Plaintiffs, Andrew K. Miller , Forman & Miller, P.C., 188 West Randolph Street, Suite 1101, Chicago, Illinois 60601, Telephone: (312) 456-6573, Facsimile: (312) 456-6577, Firm Id. No. 34207.

TERRENCE AND MARIE DOMIN, hereafter (“Plaintiffs”), by their attorneys, Forman & Miller, P.C., for their Complaint for Declaratory Relief hereby state as follows:

NATURE OF THE ACTION.

1. This action for declaratory relief is filed pursuant to 735 ILCS 5/2-701 to determine questions of insurance coverage issued by SHELBY INSURANCE-COMPANIES (“Shelby”) to Plaintiffs. Plaintiffs are seeking a declaration regarding the amount available under Shelby's policy in connection with the complaint styled Terrence Domin and Marie Domin v. Miguel Perez Geron, et al., (“underlying suit”).

2. An actual, justiciable controversy exists between Plaintiffs and Shelby involving the rights and obligations of the parties under Shelby's policy.

PARTIES.

3. Plaintiffs are Illinois residents.

4. Upon information and belief, defendant Shelby is an Ohio company authorized to do business in Illinois

JURISDICTION.

5. This court has jurisdiction over the controversy pursuant to 735 ILCS 5/2-209 because Plaintiff an Illinois resident, defendant is a corporation doing business in Illinois and the incident giving rise to the underlying action took place in Illinois.

VENUE.

6. Venue is proper, pursuant to 735 ILCS 5/2-101 because defendant is a corporation doing business in Cook County and the underlying suit is filed in Cook County.

UNDERLYING SUIT.

7. The underlying suit was filed in the Circuit Court of Cook County, Illinois, County Department - Law Division. A copy of the Complaint is attached hereto as Exhibit A.

POLICIES.

8. Shelby provided automobile.coverage to Plaintiffs under the following policy.

POLICY NUMBER.br>IA 8537640
EFFECTIVE DATE.br>December 6, 1998
LIMITS OF LIABILITY (uninsured/underinsured).br>$100,000 (each person) $300,000 (each accident)

FACTS.

9. The underlying suit alleges that Plaintiffs were injured in an automobile.accident.caused by the underlying defendants.

10. The underlying suit alleges that defendant Miguel Perez Geron was negligent in that a vehicle he was driving crossed the center line and struck the plaintiffs car head on; defendant Agustin Geron was negligent in entrusting theautomobile.owned by him to Miguel Perez Geron; and, defendant Marquez Nicanor, a passenger in the vehicl was negligent for, among other things, pinitting an inebriated Miguel Perez Geron to operate the vehicle. Those defendants are uninsured for the underlying suit.

11. The underlying suit also seeks damages against each defendant on behalf of Marie Domin based upon the loss of society, among other things.

12. Plaintiff's have requested that Shelby provide uninsured/underinsured coverage under the Shelby policy. Shelby has only offered to pay $100,000 in settlement of the uninsured/underinsured claim.

POLICY LANGUAGE AND TERMS.

13. The Shelby policy provides that Shelby will pay compensatory damages which an insured is entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by an insured and caused by an accident. A copy of Shelby's policy is attached hereto as Exhibit B.

14. The policy further provides that the maximum limit of liability is that limit shown in the declarations. An endorsement to the policy, called the “Split Uninsured Motorists Limits” also provides that the limit of liability is that shown in the declarations for all damages, “including damages for care, loss of services or death” which arises out of bodily injury.

15. The declarations page states that insurance is provided where a premium is shown for the coverage. Coverage and premiums are shown for two separate automobiles. At the time of the accident.which forms the basis for the underlying suit, timely premiums were paid for both vehicles.

COUNT I.

16. Plaintiff repeats and realleges paragraphs 1 through 15 as though fully set forth and incorporated herein.

17. The Shelby policy provides uninsured motorists coverage of $100,000 each person, $300,000 for each accident.or each automobile.where a premium is shown on the declarations page.

18. The unodying suit alleges separate accidents.both the owner and operator of an uninsured motor vehicle.

19. The underlying suit alleges compensatory damages by Terrence and Marie Domin, both of whom are insureds under the policy.

20. Since the underlying suit seeks damages to both Terrence and Marie Domin from the owner and operator of an uninsured motor vehicle, Shelby is obligated to pay the limits for each person for both insureds for two separateaccidents.

21. The limit must also be aggregated since two separate premiums were paid for two automobiles.

WHEREFORE,.Plaintiffs respectfully requests that this Court enter an order:

a. finding and declaring that there is uninsured motorist coverage under the Shelby policy for both Terrence and Marie Domin for the underlying complaint;

b. finding and declaring that the underlying complaint alleges two separate accidents.

c. finding and declaring that the uninsured motorist limits must be aggregated.

d. granting such other or additional relief as may be appropriate, including the award to Plaintiff of her costs and attorney's fees incurred in this action for declaratory relief.

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