Skaperdas v. Country Cas. Ins. Co.

Country Casualty's agent Lessaris, issued an automobile insurance policy to Skaperdas. Skaperdas’s fiancée, Day, was subsequently involved in an accident while driving his vehicle. Country Casualty covered the loss but required Skaperdas to change his policy to include Day. Lessaris prepared the policy, but identified only Skaperdas, not Day, as a named insured. The policy's declarations page identified the driver as a “female, 30-64.” Following issuance of the policy, Day’s minor son, Jackson, was struck by a vehicle while riding his bicycle and seriously injured. The driver’s insurance was insufficient to cover Jackson’s medical expenses. Plaintiffs made a demand for underinsured motorist coverage under the Country Casualty policy. Country Casualty denied the claim on the ground that neither Day nor Jackson was listed as a named insured. Plaintiffs filed suit, alleging that Lessaris breached his duty to exercise ordinary care and skill in renewing, procuring, binding, and placing insurance coverage as required by 735 ILCS 5/2-2201, and that Country Casualty was responsible for the acts of its agent under the doctrine of respondeat superior. They also sought reformation of contract to include Day as an additional named insured and a declaration of coverage. The trial court dismissed the negligence and respondeat superior counts. The appellate court reversed. The Illinois Supreme Court affirmed, holding that the Code does impose a duty of ordinary care. View "Skaperdas v. Country Cas. Ins. Co." on Justia Law