Nos. 1-07-0792, 1-08-0208, 1-08-0415, 1-08-2042, 1-08-2059 & 1-08-2283
4
The following facts appear from plaintiffs’ complaints and attachments, as well as from
materials submitted by the parties in their cross-motions for summary judgment.
As noted, the common thread linking these consolidated appeals is found in the
entitlement exclusion of Founders’ and Safeway’s automobile policies. The relevant language
provides:
“Part I - LIABILITY
Exclusions. This policy does not apply under Part I:
[T]o bodily injury or property damage arising out of the use by any person of a
vehicle without a reasonable belief that the person is entitled to do so[.]”
In the proceedings below, the drivers involved in the various accidents giving rise to
various third-party claims did not have valid driver’s licenses. As to each matter, the record
provided the following basic information.
A. Founders v. Alberto L. Muñoz (No. 1-07-0792)
Founders Insurance Company (Founders) insured a 1992 Buick Park Avenue under an
automobile policy issued to Paulina Flores from September 19, 2004, to March 19, 2005. In the
application signed by Flores on September 18, 2004, she listed “Alberto Muñuz” as a household
member, but stated that he had never been licensed to drive. Accordingly, the policy excluded
from coverage any “claim or suit which occurs as a result of any auto being operated by ‘Alberto
Muñuz.’ ” However, the insurance card issued to Ms. Flores did not contain a warning that
Muñuz was excluded from coverage. A policy amendment on March 24, 2005, added “Alberto
