Nos. 1-07-0792, 1-08-0208, 1-08-0415, 1-08-2042, 1-08-2059 & 1-08-2283
21
enlightened us with any authority, statutory or otherwise, in support of this novel interpretation,
nor have we located any. Accordingly, we find no statutory impediment to enforcement of
Founders’ named driver exclusion in 1-07-0792 excluding Alberto Muñoz from coverage in the
accident of March 11, 2005. Inasmuch as the policy provision provides an additional and separate
contractual basis absolving Founders of any duty to defend or indemnify Mr. Muñoz, we affirm
the grant of summary judgment in this case.
CONCLUSION
Our determination that the entitlement exclusion common to plaintiffs’ policies is
ambiguous obviates the need to address defendants’ remaining concerns. For the foregoing
reasons, we affirm the judgment of the circuit court in case No. 1-07-0792 and reverse the grant
of summary judgment in each of the remaining consolidated cases and remand the matters for
further proceedings consistent with this opinion.
Judgment affirmed in No. 1-07-0792 and the remaining judgments reversed and remanded.
FITZGERALD SMITH, P.J., with O'MARA FROSSARD, J., concur.
