# Kuhn v. Owners Insurance Co.

> Illinois Supreme Court · May 23, 2024 · 2024 IL 129895

URL: https://www.frixlaw.com/law-library/cases/10508565

## Case

- **Court:** Illinois Supreme Court
- **Decided:** May 23, 2024
- **Citations:** 2024 IL 129895
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

Digitally signed
by Reporter of
Decisions
Reason: I attest to
Illinois Official Reports the accuracy and
integrity of this
document
Supreme Court Date: 2024.08.14
14:28:03 -05'00'

Kuhn v. Owners Insurance Co., 2024 IL 129895

Caption in Supreme MARK KUHN et al., Appellants, v. OWNERS INSURANCE
Court: COMPANY, Appellee.

Docket No. 129895

Filed May 23, 2024

Decision Under Appeal from the Appellate Court for the Fourth District; heard in that
Review court on appeal from the Circuit Court of McLean County, the Hon.
Scott Kording, Judge, presiding.

Judgment Appellate court judgment affirmed.
Circuit court judgment reversed.
Cause remanded with directions.

Counsel on Terence B. Kelly, of Kraft, Wood & Kelly, LLC, and Chase T.
Appeal Molchin, of Ginzkey & Molchin, LLC, both of Bloomington, and
Lindsay Rakers, of Sumner Law Group LLC, of St. Louis, Missouri,
for appellants.

Krysta K. Gumbiner, of Dinsmore & Shohl LLP, of Chicago, Kathryn
W. Bayer, of Dinsmore & Shohl LLP, of Cincinnati, Ohio, and Conor
B. Dugan, of SouthBank Legal, LLC, of Grand Rapids, Michigan, for
appellees.
Justices JUSTICE ROCHFORD delivered the judgment of the court, with
opinion.
Chief Justice Theis and Justices Neville, Overstreet, Holder White,
Cunningham, and O’Brien concurred in the judgment and opinion.

OPINION

¶1 The question presented in this declaratory judgment action is whether the $1 million
liability limits for each of seven covered vehicles in a single multivehicle insurance policy may
be aggregated or “stacked” for a total of $7 million of liability coverage for one accident,
despite an “antistacking” policy provision. The McLean County circuit court answered this
question in the affirmative, and the appellate court reversed. Based on the specific insurance
policy at issue, we affirm the appellate court’s judgment.

¶2 I. BACKGROUND
¶3 Shortly before 9 p.m. on December 5, 2018, appellant Mark Kuhn was driving a school
bus carrying the Normal West High School junior varsity girls basketball team, their coach
Steven Price, and adult volunteer Charlie Crabtree. The bus was traveling west on Interstate
74 in McLean County. Traveling in the opposite direction, Ryan Hute was driving a 2010
Kenworth semitruck with an attached trailer in the course of his employment with Farrell
Trucking. The semitruck crossed the center grass median of the highway, continued driving
east in the westbound lanes, and struck the school bus in a head-on collision. Hute and Crabtree
died as a result of the accident, and other occupants of the school bus were injured.
¶4 Appellee Owners Insurance Company (Owners) insured the semitruck that Hute was
driving under a commercial vehicle insurance policy issued to Farrell Trucking. 1 The policy
also listed Hute as a covered driver. Farrell Trucking is located in Iowa, but the parties have
stipulated that the policy should be interpreted under Illinois law.
¶5 Mark Kuhn and Karen Kuhn brought an action against Hute’s estate and entities related to
Farrell Trucking. 2 They then filed this suit seeking a declaration that the $1 million liability
limits in the insurance policy covering the semitruck and six other vehicles (three semitrucks
and four trailers in total) could be stacked, for a combined $7 million in liability coverage. In
their amended complaint, the Kuhns added as defendants the other bus passengers who were
potential claimants in the underlying action (potential claimants), in order to bind them to the
terms of the judgment in this suit.
¶6 The Kuhns and Owners filed cross-motions for summary judgment. 3 The trial court
granted the Kuhns’ motion for summary judgment. In a 73-page order, it ruled that the

1
The trailer attached to the semitruck was not a listed vehicle in the policy.
2
The underlying complaint alleged that Hute was employed by Jason Farrell, Farrell Trucking,
and/or 3 Guys and a Bus, Inc. For purposes of this appeal, it is undisputed that the semitruck was insured
under Owners’ policy.
3
Some potential claimants joined in the Kuhns’ motion for summary judgment.

-2-
insurance policy was ambiguous and therefore should be construed against Owners, such that
stacking of the liability limits was appropriate. The appellate court reversed the trial court’s
decision. 2023 IL App (4th) 220827, ¶ 71. It held that the policy’s antistacking clause was
unambiguous on its face and, when read together with the declarations and other policy
provisions, that the antistacking clause should be enforced as written. Id. ¶ 70.
¶7 This court allowed the petition for leave to appeal filed by the Kuhns and other potential
claimants. Ill. S. Ct. R. 315(a) (eff. Oct. 1, 2021).

¶8 II. INSURANCE POLICY PROVISIONS
¶9 Section II(A) of the policy provides in relevant part: “We will pay all sums an insured
legally must pay as damages because of bodily injury or property damage to which this
insurance applies, caused by an accident and resulting from the ownership, maintenance or use
of a covered auto as an auto.”
¶ 10 Section II(C) of the policy states:
“C. LIMIT OF INSURANCE
We will pay damages for bodily injury, property damage and covered pollution cost
or expense up to the Limit of Insurance shown in the Declarations for this coverage.
Such damages shall be paid as follows:
1. When combined liability limits are shown in the Declarations, the limit
shown for each accident is the total amount of coverage and the most we will pay
for damages because of or arising out of bodily injury, property damages and
covered pollution cost or expense in any one accident.
2. When separate bodily injury and property damage limits are shown in the
Declarations:
***
3. The Limit of Insurance applicable to a trailer, non-motorized farm machinery
or farm wagon which is connected to an auto covered by this policy shall be the
limit of insurance applicable to such auto. The auto and connected trailer, non-
motorized farm machinery or farm wagon are considered one auto and do not
increase the Limit of Insurance.
***
5. The Limit of Insurance for this coverage may not be added to the limits for
the same or similar coverage applying to other autos insured by this policy to
determine the amount of coverage available for any one accident or covered
pollution cost or expense, regardless of the number of:
a. Covered autos;
b. Insureds;
c. Premiums paid;
d. Claims made or suits brought;
e. Persons injured; or
f. Vehicles involved in the accident.”

-3-
¶ 11 The declarations pages contain an “ITEM ONE,” with the named insured’s information.
“ITEM TWO” begins on the same page and is titled “SCHEDULE OF COVERED AUTOS
AND COVERAGES.” It consists of a chart listing the different types of coverages,
“COVERED AUTOS SYMBOLS,” the “LIMIT OF INSURANCE FOR ANY ONE
ACCIDENT OR LOSS,” and the premium costs for each type of coverage. The coverage for
“Combined Liability” lists “$1 Million each accident.” The page described appears as follows: 4

¶ 12 Another portion of the declarations is titled “ITEM THREE—SCHEDULE OF COVERED
AUTOS, ADDITIONAL COVERAGES AND ENDORSEMENTS.” Immediately above this
title is the sentence: “This policy is amended in consideration of the additional or return
premium shown below. This Declarations [sic] voids and replaces all previously issued
Declarations bearing the same policy number and premium term.” This section contains

4
The numbers under “COVERED AUTOS SYMBOLS” refer to a separate table, in which number
“7” stands for “Scheduled Autos Only,” number “8” stands for “Hired Autos Only,” number “9” stands
for “Non-owned Autos Only,” and number “19” stands for “Mobile Equipment Subject To Compulsory
Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only.”

-4-
separate listings for each of the seven vehicles, including the premium for each vehicle, and
every listing states “Combined Liability” under the heading “COVERAGES” and “$1 Million
each accident” under the heading “LIMITS.” The page of “ITEM THREE” containing the
semitruck involved in the accident appears as follows:

¶ 13 III. ANALYSIS
¶ 14 When, as in this case, the parties file cross-motions for summary judgment, they implicitly
agree that there are no genuine issues of material fact and that the dispute involves only
questions of law, such that the court may decide the issues based on the record. Acuity v. M/I
Homes of Chicago, LLC, 2023 IL 129087, ¶ 20. We review de novo the court’s ruling on a
motion for summary judgment. Id. Likewise, the construction of an insurance policy is a
question of law that we review de novo. Hess v. Estate of Klamm, 2020 IL 124649, ¶ 14.

-5-
¶ 15 An insurance policy is a contract, so the rules governing contract interpretation also govern
the interpretation of an insurance policy. Galarza v. Direct Auto Insurance Co., 2023 IL
129031, ¶ 38. Our primary objective is to ascertain and give effect to the parties’ intent, as
expressed in the policy language. Id. Clear and unambiguous policy language will be enforced
as written unless it conflicts with public policy. Id.
¶ 16 As a general rule, antistacking clauses in insurance policies do not violate public policy.
Hess, 2020 IL 124649, ¶ 16. A reviewing court will therefore give effect to unambiguous
antistacking clauses. Id. However, if insurance policy language is ambiguous, the court will
construe it liberally in favor of coverage and against the insurer who drafted the policy. Id.;
West American Insurance Co. v. Yorkville National Bank, 238 Ill. 2d 177, 184-85 (2010).
“Policy language is ambiguous if it is susceptible to more than one reasonable interpretation.”
Hess, 2020 IL 124649, ¶ 16. “Reasonableness is the key” in determining whether a provision
is subject to more than one reasonable interpretation, as opposed to “whether creative
possibilities can be suggested.” Bruder v. Country Mutual Insurance Co., 156 Ill. 2d 179, 193
(1993).
¶ 17 Appellants argue that, pursuant to Bruder and subsequent supreme court cases, insurance
policies are ambiguous where the declaration pages separately list liability limits for each of
the multiple vehicles insured, with the result that the policy must be construed in favor of the
insured and allow the stacking of coverage.
¶ 18 The pertinent part of Bruder examined whether the uninsured-motorist coverage in a
business auto policy should be stacked in return for separate premiums for two pickup trucks.
Id. at 189-90. The antistacking clause stated: “ ‘The most we will pay for all damages resulting
from bodily injury to any one person caused by any one accident is the limit of Bodily Injury
shown in the declarations for “Each Person.” ’ ” Id. at 189. The provision applied “ ‘regardless
of the number of covered autos.’ ” Id. at 194. The declarations page had separate entries for
the premium paid for each pickup truck, but it listed the limit of liability of $100,000 for bodily
injury for “each person” just once on the page, separate from the columns listing the vehicle
information. Id. at 193. We stated:
“The only reasonable interpretation is that the policy provides only $100,000 of liability
for bodily injury occasioned to each person insured no matter how many vehicles are
listed in the column arrangement and no matter how many premiums are paid. The
representation of the limit of liability for bodily injury for each person on the
declarations page is consistent with the language of the antistacking provision. It is also
consistent with the language in the policy that the antistacking provision would apply
‘regardless of the number of covered autos.’ ” Id. at 193-94.
¶ 19 In discussing the arrangement of information on the declarations page, we also stated:
“Understanding the arrangement of entries in the columns is important in
determining the effect of what is not there included. Specifically, the limits of liability
are not set out within the column arrangement in the same manner as the page lists the
premium amounts and totals. That is, there is no column for which the limit of liability
for bodily injury is to be listed like a premium amount so that the $100,000 limit for
each person would appear in both sentence-like lines for the pickup trucks.
It would not be difficult to find an ambiguity created by such a listing of the bodily
injury liability limit for each person insured. It could easily be interpreted that an

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insured should enjoy a total limit of $200,000 in coverage because a figure of $100,000
would be shown for each pickup truck. There would be little to suggest in such a listing
that the parties intended that coverage was to be limited to that provided for only one
of the two pickup trucks. It would be more reasonable to assume that the parties
intended that, in return for the two premiums, two $100,000 coverage amounts were
afforded. See Squire, 69 Ill. 2d at 179-80 (holding that the existence of two declarations
pages, both setting $10,000 limits for liability for each person, created an ambiguity
permitting the aggregation of those coverage amounts).” Id. at 192.
The second paragraph of this quoted material, which appellants have labeled the “Bruder
dicta,” has been the subject of much debate in the appellate court.
¶ 20 This court revisited the subject of antistacking clauses in Hobbs v. Hartford Insurance Co.
of the Midwest, 214 Ill. 2d 11 (2005). Hobbs was a consolidated case in which both underlying
cases involved underinsured-motorist coverage for multiple vehicles in a single policy. Id. at
14. We discuss only the first consolidated case, which is germane here. The antistacking clause
stated:
“ ‘LIMIT OF LIABILITY
The limit of liability shown in the Declarations for each person for Underinsured
Motorists Coverage is our maximum limit of liability for all damages, including
damages for care, loss of services or death, arising out of bodily injury sustained by
any one person in any one accident. *** This is the most we will pay regardless of the
number of:
1. Insureds;
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the accident.’ ” Id. at 18.
¶ 21 We stated that the case was similar to Bruder in that the antistacking clause tied the limit
of liability to the limit shown on the declarations page, the declarations page listed the
premiums for the two vehicles separately, the declarations page listed the relevant limit of
liability only once, and the antistacking clause stated that the provision applied regardless of
the number of covered vehicles. Id. at 21. We therefore held that the underinsured-motorist
coverage in the policy could not be stacked. Id.
¶ 22 The appellate court in Hobbs had relied on two other appellate court cases, Yates v.
Farmers Automobile Insurance Ass’n, 311 Ill. App. 3d 797 (2000), and Hall v. General
Casualty Co. of Illinois, 328 Ill. App. 3d 655 (2002), in determining that ambiguity resulted
from the policy statement “ ‘COVERAGE IS PROVIDED ONLY WHERE A PREMIUM IS
SHOWN FOR THE AUTO AND COVERAGE.’ ” Hobbs, 214 Ill. 2d at 24. We disagreed with
the appellate court’s assessment. We stated that, although Yates had similar disputed language,
the policy was already ambiguous because the declarations page listed the underinsured-
motorist limits once for each covered vehicle. Id. at 25. We reiterated our remark in Bruder
that it would not be difficult to find an ambiguity where the antistacking clause limits liability
to the limit shown on the declarations page and the declarations page lists the limit of liability
twice. Id. at 26. We circumscribed our statement by adding that, “[i]n the absence of other
qualifying language in the antistacking clause, ‘[t]here would be little to suggest in such a
listing that the parties intended that coverage was to be limited to that provided for only one of

-7-
the two [vehicles].’ ” (Emphasis added.) Id. at 25 (quoting Bruder, 156 Ill. 2d at 192). We
further cautioned that our discussion “should not be construed as establishing a per se rule that
an insurance policy will be deemed ambiguous as to the limits of liability anytime the limits
are noted more than once on the declarations. Variances in policy language and, in particular,
antistacking clauses, frequently require case-by-case review.” Id. at 26 n.1.
¶ 23 In Hall, the other case that the appellate court in Hobbs cited, the policy contained an
antistacking clause that the plaintiff conceded was unambiguous. Id. at 26 (citing Hall, 328 Ill.
App. 3d 655). The declarations page listed separate bodily injury premiums for the two covered
vehicles but listed the limit of liability only once. Id. The Hall court reasoned that the statement
“ ‘insurance is provided where a premium is shown’ ” (id. (quoting Hall, 328 Ill. App. 3d at
657)) was directly contradictory to the antistacking clause, thus creating an ambiguity that
permitted stacking (id. (citing Hall, 328 Ill. App. 3d at 660)). We overruled Hall as being
wrongly decided because the disputed clause did not address the subject of stacking and could
not reasonably be read to conflict with the antistacking clause. Id. at 27.
¶ 24 The subject of antistacking clauses arose again in this court in Hess, 2020 IL 124649, this
time in the context of bodily injury liability limits instead of uninsured- or underinsured-
motorist coverage. The clause in Hess provided:
“ ‘LIMIT OF LIABILITY
A. The limit of liability shown in the Declarations for each person for Bodily Injury
Liability is our maximum limit of liability for all damages, including damages for care,
loss of services or death, arising out of “bodily injury” sustained by any one person in
any one auto accident. Subject to this limit for each person, the limit of liability shown
in the Declarations for each accident for Bodily Injury Liability is our maximum limit
of liability for all damages for “bodily injury” resulting from any one auto accident.
***
This is the most we will pay regardless of the number of:
1. “Insureds”;
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the auto accident.’ ” Id. ¶ 23.
¶ 25 The first page of the declarations listed three covered autos and listed the bodily injury
limit only once. Id. ¶ 6. The second declarations page listed a fourth covered vehicle and again
listed the limits for bodily injury coverage. Id. ¶ 7. The circuit court ruled that the liability
limits could be stacked four times, once for each vehicle, and the appellate court held that it
could be stacked twice, based on the liability limits being listed two times. Id. ¶ 25. We stated
that the only reasonable explanation for the liability limits appearing for a second time on the
second declarations page was that the information for all four covered vehicles could not fit on
one physical page. Id. We held that, “[w]hen read together with the declarations, *** the
antistacking clause unambiguously prohibits stacking of bodily injury liability coverage.” Id.
¶ 26 We further stated that the appellate court had improperly compared the case to Cherry v.
Elephant Insurance Co., 2018 IL App (5th) 170072, and Johnson v. Davis, 377 Ill. App. 3d
602 (2007), both of which allowed the stacking of underinsured-motorist coverage in

-8-
multivehicle policies. Hess, 2020 IL 124649, ¶ 26. We pointed out that those policies listed the
liability limits separately for each covered vehicle, unlike the policy before us. Id. 5
¶ 27 Addressing our prior discussion in Bruder and Hobbs of ambiguity arising from multiple
liability limits, we stated that we were referring to liability limits that were listed separately for
each of the covered vehicles. Id. ¶ 27. We repeated our statement in Hobbs that there was no
per se rule that an insurance policy will be construed as being ambiguous regarding the limits
of liability any time that the limits are listed more than once in the declarations. Id. ¶ 22. We
stated that, instead, the issue must be determined on a case-by-case basis and that the
declarations page must be construed together with other policy provisions rather than being
read in isolation. Id. Based on our resolution of the case, we did not address the defendant’s
alternative argument that automobile liability coverage, as distinguished from uninsured- and
underinsured-motorist coverage, should never be stacked as a matter of law. Id. ¶¶ 17, 30.
¶ 28 Returning to the instant case, we begin by examining section II. Section II(A) provides
general language that Owners “will pay all sums an insured legally must pay as damages”
caused by an accident involving a covered auto. Section II(C), titled “LIMIT OF
INSURANCE,” contains the antistacking language. Like the insurance policies discussed in
other cases, it references the declarations pages, stating that Owners “will pay damages for
bodily injury *** up to the Limit of Insurance shown in the Declarations for this coverage.”
Further:
“When combined liability limits are shown in the Declarations, the limit shown for
each accident is the total amount of coverage and the most we will pay for damages
because of or arising out of bodily injury, property damages and covered pollution cost
or expense in any one accident.”
¶ 29 The section later continues:
“5. The Limit of Insurance for this coverage may not be added to the limits for the
same or similar coverage applying to other autos insured by this policy to determine
the amount of coverage available for any one accident or covered pollution cost or
expense, regardless of the number of:
a. Covered autos;
b. Insureds;
c. Premiums paid;
d. Claims made or suits brought;
e. Persons injured; or
f. Vehicles involved in the accident.”
¶ 30 Section II(C)(5) is somewhat similar to the antistacking clauses in Hobbs and Hess, but it
more directly prohibits stacking by stating that the “Limit of Insurance for this coverage may

5
Appellants argue that we distinguished Cherry and Johnson solely on the basis of the declarations
pages, thus determining that the antistacking clauses in those cases were not sufficient to overcome the
ambiguity created by declarations pages that listed the limits of liability separately for each of multiple
autos insured. To be clear, we distinguished Cherry’s and Johnson’s declarations pages simply to
explain why the appellate court erred in relying on them to stack the insurance coverage. We did not
discuss or even mention the antistacking clauses in those cases, much less pass judgment on the ultimate
outcomes reached.

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not be added to the limits for the same or similar coverage applying to other autos insured by
this policy to determine the amount of coverage available for any one accident.” That is, section
II(C) states that the “Limit of Insurance shown in the Declarations for this coverage” may not
be added to the limits of coverage that apply to other autos that the policy insures to determine
the amount of coverage in a single accident, regardless of factors such as the number of covered
autos and premiums paid. This prohibition against stacking is underscored by section II(C)(3),
which provides that, in the particular scenario that a trailer insured by the policy is connected
to an auto insured by the policy, the auto and the trailer “are considered one auto and do not
increase the Limit of Insurance.”
¶ 31 Appellants argue that, pursuant to the Bruder dicta, “the multiple listing of liability limits
for each vehicle insured renders the otherwise clear anti-stacking clause in Owner’s policy
ambiguous.” Appellants seem to take the position that, regardless of the specific antistacking
language used in an insurance policy, the declarations pages alone will render the policy
ambiguous if the limits of liability are listed in conjunction with each insured vehicle.
However, we have repeatedly emphasized there is no “per se rule that an insurance policy will
be deemed ambiguous as to the limits of liability anytime the limits are noted more than once
on the declarations.” Hobbs, 214 Ill. 2d at 26 n.1. We further stated in Hobbs that “[v]ariances
in policy language and, in particular, antistacking clauses, frequently require case-by-case
review.” (Emphasis added.) Id. Like any contract, we construe an insurance policy in its
entirety and give effect to each provision where possible. Sanders v. Illinois Union Insurance
Co., 2019 IL 124565, ¶ 23. Therefore, an “antistacking clause must be read in conjunction with
the policy as a whole.” Hess, 2020 IL 124649, ¶ 24; see Hobbs, 214 Ill. 2d at 23 (uncertainty
can arise if a declarations page is read in isolation, so we must examine the complete document
in interpreting an insurance policy).
¶ 32 Thus, we keep the provisions of the antistacking clause in mind as we turn to the
declarations pages. “ITEM TWO” lists a “Combined Liability” of “$1 Million each accident”
as the “LIMIT OF INSURANCE FOR ANY ONE ACCIDENT OR LOSS,” in exchange for a
premium of $6311.69. The policy does not define “Combined Liability,” but its meaning can
be determined by referring to sections II(C)(1) and II(C)(2). Section II(C)(1) begins with the
situation of when “combined liability limits are shown in the Declarations,” whereas section
II(C)(2) contrasts this with when “separate bodily injury and property damage limits are shown
in the Declarations.” Therefore, a plain reading of the policy shows that “Combined Liability”
means combined bodily injury and property damage limits. The “Combined Liability” lists a
single limit of “$1 Million each accident” and a premium of $6311.69. As such, “ITEM TWO”
lists the relevant liability limit of $1 million just once, which under Bruder and Hobbs would
mean that the coverages could not be stacked.
¶ 33 However, “ITEM THREE” contains separate listings for each of the seven covered
vehicles. The listings delineate the type of coverage, the limits of insurance for each type of
coverage, and the premium charged for the coverage. The types of coverage differ among the
vehicles. For example, the trailers do not have uninsured- or underinsured-motorist coverage,
or “Medical Payments,” and one vehicle does not have comprehensive or collision coverage.
Each vehicle has a listing of “Combined Liability” coverage of “$1 Million each accident,”
with a corresponding premium on the same line.

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¶ 34 Appellants again point to the Bruder dicta in arguing that declarations pages that list limits
of liability separately for each of multiple insured vehicles give rise to the reasonable
interpretation that the policy provides separate limits for each vehicle. However, unlike the
scenario described in the Bruder dicta, we must consider both sections (“ITEM TWO” and
“ITEM THREE”) of the declarations pages. Further, as discussed, there is no bright-line rule
that an insurance policy is ambiguous as to the limits of liability any time the limits are listed
more than once on the declarations. Instead we must consider each case individually,
construing the applicable policy as a whole.
¶ 35 Appellants additionally argue that “ITEM THREE” is the only section that we should
consider in the declarations because it is an “amended” declarations sheet, in that “ITEM
THREE” states: “This policy is amended in consideration of the additional or return premium
shown below. This Declarations [sic] voids and replaces all previously issued Declarations
bearing the same policy number and premium term.” Appellants maintain that “ITEM
THREE” amends the policy’s declarations section by indicating that the insured had purchased
separate $1 million combined liability limits on each of the seven vehicles listed. Appellants
argue that the coverages have changed from those listed in “ITEM TWO,” in that some but not
all of the vehicles listed have $100,000 per person/$100,000 per accident in
uninsured/underinsured-motorist coverage and $5000 per person in medical payments
coverage, which is a change from “ITEM TWO,” where all “Scheduled Autos” (symbol “7”)
are listed as having uninsured/underinsured-motorist coverage and medical payments
coverage. Appellants contend that it is reasonable to interpret “ITEM THREE” as not subject
to any terms in “ITEM TWO” and view it as the policy’s controlling declarations.
¶ 36 Appellant’s argument that “ITEM THREE” was intended to take the place of “ITEM
TWO” is contradicted by the policy documents. The policy has a page that states
“DESCRIPTION OF CHANGES EFFECTIVE 11-27-2018” and states that a lienholder was
added for one of the trailers. “ITEM TWO” and “ITEM THREE” both list a policy term of
June 22, 2018, to June 22, 2019, and an endorsement effective date of “11-27-2018.”
Accordingly, both “ITEM TWO” and “ITEM THREE” were active portions of the policy.
¶ 37 Appellants additionally argue that “ITEM THREE” lists “Combined Liability” in the
singular, whereas the antistacking provision refers to “combined liability limits” (emphasis
added) in the plural, such that the individual liability amounts can be “combined” or stacked
to constitute “combined liability limits.” The trial court engaged in a similar analysis. We note
that “ITEM THREE” lists “Combined Liability” under the heading “COVERAGES” and “$1
Million each accident” under the heading “LIMITS,” such that “ITEM THREE” also
references “Combined Liability” limits. More importantly, as discussed, a plain reading of the
policy illustrates that “Combined Liability” means combined bodily injury and property
damage limits. See also Hess, 2020 IL 124649, ¶ 16 (we “will not strain to find ambiguity in
an insurance policy where none exists” (internal quotation marks omitted)); Hobbs, 214 Ill. 2d
at 31 (“We will not *** ‘torture ordinary words until they confess to ambiguity.’ ” (quoting
Western States Insurance Co. v. Wisconsin Wholesale Tire, Inc., 184 F.3d 699, 702 (7th Cir.
1999))).
¶ 38 Taking a wide-angled view of the declarations pages, the only logical and reasonable
interpretation is that “ITEM THREE” provides a more specific breakdown of the information
summarized in a chart in “ITEM TWO,” including the differing coverages applicable to each

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vehicle and the corresponding premium for each vehicle. As the coverages varied greatly, it
was necessary for Owners to provide the information over multiple pages. Significantly, the
distinct premium amounts listed individually in “ITEM THREE” for “Combined Liability”
add up to the same $6311.69 total for “Combined Liability” in “ITEM TWO,” which clearly
states a $1 million per accident maximum just once. The fact that the total premium amounts
are identical indicates that both sections are intended to provide the same coverage.
¶ 39 It is true that “ITEM THREE” lists a combined liability limit of “$1 Million each accident”
for each vehicle, but this may be viewed as consistent with the “ITEM TWO” combined
liability limit of “$1 Million each accident.” The antistacking clause likewise ties the maximum
liability to “the limit shown for each accident.” Moreover, when the declarations pages are
considered in light of the antistacking provision, including the language that the “Limit of
Insurance for this coverage may not be added to the limits for the same or similar coverage
applying to other autos insured by this policy to determine the amount of coverage available
for any one accident” regardless of the number of covered autos, it is clear that the limits may
not be aggregated. In other words, the insurance policy as a whole is subject to only one
reasonable interpretation, which unambiguously provides a $1 million per accident liability
limit and prohibits stacking the liability limits of each insured vehicle.
¶ 40 Owners additionally argues that, unlike uninsured- and underinsured-motorist coverage,
liability insurance by its nature cannot be stacked. Owners did not raise this issue in the trial
court, and as appellants highlight, in the appellate court Owners stated in its reply brief that,
“[u]nlike the insurer in Hess, Owners does not ask this Court to adopt a per se rule that primary
liability limits can never be stacked.” Regardless of whether Owners waived the argument, we
do not consider whether the per se rule is warranted because, as in Hess, 2020 IL 124649, ¶ 30,
we have determined that the policy as a whole clearly shows that the parties’ intent was not to
allow aggregation of the limits of liability coverage for the individual vehicles insured.

¶ 41 IV. CONCLUSION
¶ 42 For the reasons stated, we affirm the judgment of the appellate court, which reversed the
judgment of the circuit court and remanded with directions to enter summary judgment for
Owners.

¶ 43 Appellate court judgment affirmed.
¶ 44 Circuit court judgment reversed.
¶ 45 Cause remanded with directions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10508565. Public record. Not legal advice.