Home Indemnity had issued a business auto policy to Crown Glass Corporation, and Berle Blitzstein was included as an insured under the policy. His stepson, Jason Karlov, claimed UIM benefits under the policy for injuries he sustained as a result of a motor vehicle collision with David Gardner. The record showed that Jason was riding a motorcycle which he owned. Following the accident, he was paid the $100,000 limits under Gardner's policy. Jason's own policy limit was $15,000.
While it was conceded that Jason was a member of Berle Blitzstein's household, Blitzstein did not own the motorcycle and that the business auto policy, while it covered him, stipulated that the policy covered only "those autos you own."
The trial court entered summary judgment in favor of Home Indemnity. Jason appealed.
The higher court ruled that Jason was not entitled to the UIM benefits under the business policy since he owned the motorcycle he was driving at the time he was injured, and the business auto policy clearly excluded coverage for such a vehicle even when the owner was a member of the insured's family.
The judgment rendered in the trial court in favor of the insurance company was affirmed.
Jason Karlov, Appellant, v. The Home Indemnity Company and Home Insurance Companies-No. 1-95-1754-Appellate Court of Illinois, First District, Third Division-October 30, 1996-672 North Eastern Reporter 2d 904.