Madison Mutual Insurance Co. v. Kessler

              1
NOTICE
Decision filed 10/03/07. The text of
this decision may be changed or
corrected prior to the filing of a
Peti tion for Rehearing or the
disposition of the same.
NO. 5-06-0599
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
___________________________________________________________________________
MADISON MUTUAL INSURANCE ) Appeal from the
COMPANY, ) Circuit Court of
) St. Clair County.
Plaintiff-Appellant, ))
v. ) No. 05-MR-110
)
JERRY KESSLER, d/b/a Kessler Auto Body, )
GERRELL WYNN, and SARAH GALLE, ) Honorable
) Andrew J. Gleeson,
Defendants-Appellees. ) Judge, presiding.
__________________________________________________________________________
JUSTICE SPOMER delivered the opinion of the court:
The plaintiff, Madison Mutual Insurance Company (Madison Mutual), appeals the
November 1, 2006, order of the circuit court of St. Clair County that granted the cross-motion
for a summary judgment filed by the defendant Jerry Kessler, doing business as
Kessler Auto Body (Kessler), and denied Madison Mutual's motion for a summary judgment.
The sole issue on appeal is whether the circuit court erred in its finding that, under section
5-102 of the Illinois Vehicle Code (625 ILCS 5/5-102 (West 2004)), the Madison Mutual
insurance policy provided primary coverage on an Escort owned by Kessler which was
involved in an accident while being driven by Sarah Galle. For the reasons set forth below,
we reverse the order of the circuit court and remand with directions that the circuit court
enter an order granting a summary judgment in favor of Madison Mutual.
The facts necessary for our disposition of this appeal are as follows. On August 4,
2005, Madison Mutual filed an amended complaint for a declaratory judgment in the circuit
court of St. Clair County. According to the amended complaint, Madison Mutual issued a