Chicago Accident Lawyer Blog
The Illinois Supreme Court case of Galarza v. Direct Auto Insurance Co. represents a significant judicial decision impacting uninsured motorist (UM) coverage in Illinois. This case arose from an incident where Cristopher Guiracocha, a minor, was injured by an uninsured motorist while riding his bicycle. His father’s automobile insurer, Direct Auto Insurance denied coverage to Christopher arguing that he was not insured since he was on a bicycle and not in a vehicle at the time of the accident.
The Circuit Court initially granted summary judgment in favor of Direct Auto, agreeing with their argument that UM coverage did not apply as Cristopher was not an occupant of a covered vehicle at the time of the accident.
On appeal, the issue centered on whether the policy’s limitation of UM coverage to insureds occupying an “insured automobile” violated section 143a of the Illinois Insurance Code and was against public policy. The appellate court reversed the circuit court’s decision, finding that the policy’s terms were inconsistent with the statute and public policy, mandating broad UM coverage for “persons insured” under an auto insurance policy.
The Supreme Court affirmed the appellate court’s judgment and reversed the circuit court’s judgment. The court found that the policy’s limitation on UM coverage to insureds occupying an “insured automobile” contravened section 143a of the Insurance Code. The statute and public policy require UM coverage to extend to all insured persons under the policy, irrespective of whether they occupied a vehicle at the time of an accident with an uninsured vehicle. This coverage extends to a bicyclist and other nonoccupants injured by an uninsured motorist vehicle, in this case, Cristopher Guiracocha.
Attorney Sofia Zneimer from Zneimer & Zneimer PC. Zneimer authored an amicus brief on behalf of the Illinois Trial Lawyers Association, contributing to the legal discourse on UM coverage. Her firm’s participation underscores their engagement in personal injury law and the broader legal implications of insurance coverage.
For individuals seeking legal assistance in personal injury cases, especially those involving uninsured motorists, Zneimer & Zneimer PC offers experienced legal services. Their involvement in this case reflects their understanding of insurance law complexities and their ability to navigate the legal system effectively.
This ruling in Galarza v. Direct Auto Insurance Co. enhances the protection under UM coverage for insured individuals in Illinois, aligning insurance policies with the state’s statutory requirements and public policy goals. It also highlights the role of legal professionals in interpreting and applying the law to protect the rights of policyholders. For more information or assistance with personal injury cases, Zneimer & Zneimer PC can be a valuable resource.