Country Mutual Insurance v. Teachers Insurance

The issue presented to us in this appeal is whether plaintiff, Country Mutual Insurance Company (Country Mutual), the insurer of a school board, or defendant Teachers Insurance Company (Teachers), the insurer of a teacher, is primarily liable for damages resulting from an automobile accident involving the teacher which occurred while the teacher was acting within the scope of her employment. The appellate court held that the public policy expressed in section 10 — 20.20 of the School Code (105 ILCS 5/10 — 20.20 (West 1998)) required the school board’s insurer to provide primary coverage and…