DECEMBER 23, 2008
STATE FARM FIRE AND CASUALTY COMPANY, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
DALIA PEREZ, ) No. 06 CH 12268
(Oscar Baeza and Miguel Espinoza, ) Honorable
) Stuart Palmer,
Defendants). ) Judge Presiding.
JUSTICE CUNNINGHAM delivered the opinion of the court:
Defendant Dalia Perez (Perez) appeals from an order of the circuit court of Cook County
issued August 16, 2007, dismissing with prejudice her motion for judgment on the pleadings.
Perez’s motion alleged that the homeowner’s insurance policy did not exclude coverage for a
negligence claim (count II) of her lawsuit against the driver involved in the car accident that injured
her on May 15, 2005. On appeal, Perez alleged that plaintiff State Farm Fire & Casualty Company
(State Farm Casualty) has a duty to defend and indemnify because: (1) the homeowner’s insurance
policy provides coverage for the negligence claim (count II); and (2) the negligence claim (count II)
does not allege bodily injury arising out of the ownership, maintenance, use, loading or unloading
of the vehicle so as to trigger the motor vehicle exclusion. For the following reasons, we affirm.