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St. Paul Fire & Marine Insurance Company v. Smith

Appellate Court of Illinois

787 N.E.2d 852 (2003)

Relevant factsFree

William Smith (defendant), driving his father's car, collided with William and Audrey Hardwidge, killing himself and both Hardwidges. Smith's parents had a policy with St. Paul Fire & Marine Insurance Company (plaintiff) that originally named Smith as an insured driver, but after learning Smith had a prior drunk-driving conviction and revoked license, St. Paul removed him and had his parents sign a named-driver exclusion barring coverage for accidents while Smith drove. After a $5 million verdict against Smith's father and estate, St. Paul sought a declaratory judgment that it owed no duty to defend, and the defendants and intervenor Valor Insurance argued the exclusion violated Illinois's mandatory-insurance statute requiring coverage for anyone driving the insured vehicle with permission. The trial court granted the defendants summary judgment, and St. Paul appealed.

IssueFree

Whether a named-driver exclusion in an automobile-liability insurance policy violates public policy.

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