Heritage Insurance Co. of America v. Phelan

An action for declaratory judgment was filed by the Heritage Insurance Company of America in the circuit court of Cook County against James Phelan, a minor, and William Phelan to determine the rights and obligations of the parties under the “uninsured motorist” provision of the automobile insurance policy issued to William Phelan by Heritage. The court denied plaintiff’s motion for summary judgment and dismissed the complaint for want of equity. On appeal, the Appellate Court for the First District reversed, holding that a restricted named operator endorsement (hereinafter referred to as a…