Madison Mutual Insurance v. Kessler

The plaintiff, Madison Mutual Insurance Company (Madison Mutual), appeals the November 1, 2006, order of the circuit court of St. Clair County that granted the cross-motion for a summary judgment filed by the defendant Jerry Kessler, doing business as Kessler Auto Body (Kessler), and denied Madison Mutual’s motion for a summary judgment. The sole issue on appeal is whether the circuit court erred in its finding that, under section 5 — 102 of the Illinois Vehicle Code (625 ILCS 5/5 — 102 (West 2004)), the Madison Mutual insurance policy provided primary coverage on an Escort owned by Kessler…