“Hit-and-Run” Vehicle Provisions for Uninsured Motor Vehicle Claim
In Progressive Ins. Co. v. Gause, Lawrence Gause (“Gause”) was traveling on his motorcycle when he observed a truck traveling in front of him. The truck merged into the right-turn lane, and Gause proceeded to pass the truck. As Gause began to pass, the truck moved back in Gause’s lane. Gause tried to avoid a collision. He accelerated, swerved to the left, and struck the median. He was injured. The motorcycle and truck never came in contact with each other. Gause did not report the accident to the police, nor did any other individual report the accident on his behalf.
A day after the incident, Gause spoke with a representative of Progressive Insurance (“Progressive”) to request a claim for uninsured motorist bodily injury coverage under the policy. Progressive denied his claim and on March 26, 2012, filed a complaint for declaratory judgment. On July 5, 2012, the plaintiff filed a motion for a summary judgment which was granted.
The court reviewed whether Gause was entitled to an uninsured motor vehicle claim under Progressive’s hit-and-run policy when he failed to report the accident to police. The policy provided coverage if the premiums were paid. The policy would pay for damages that an insured person was legally entitled to recover from the owner or operator of the uninsured or underinsured vehicle because of bodily injury sustained by an insured person, caused by an accident and arose out of the ownership, maintenance, or use of an uninsured motor vehicle or underinsured motor vehicle. However, the vehicle provisions of the policy contained a caveat which stated that such a claim is available, provided that the insured person, or someone on his or her behalf, reported the accident to the police or civil authority within 24 hours, or as soon as practicable after the accident.
The court found that Gause is not entitled to an uninsured motor vehicle claim under the “hit-and-run” vehicle provisions because he failed to report the accident, and the policy stated that such a claim is available, provided that the insured person, or someone on his or her behalf, reports the accident. The policy requirements for making an uninsured motor vehicle claim were not met.
Progressive Ins. Co. v. Gause, 2013 IL App (5th) 120492-U, Not Reported in N.E.2d, 2013 WL 2404026 (Ill.App. 5 Dist.,2013). (Filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1)).
