Legal Opinion

Forest Tree Service, Inc. v. Illinois Farmers Insurance

Appellate Court of Illinois

Decided December 16, 1986No. 3—86—0149Published

1Opinion of the CourtJustice Wombacher

This appeal arises from a claim for damages submitted by the plaintiff, Forest Tree Service, Inc., to its insurance carrier, Illinois Farmers Insurance Company, the defendant. The defendant denied coverage for the property loss, which occurred when the plaintiff, a tree trimmer, was pruning a tree and the boom on the crane bent and collapsed.

The basis for the defendant’s denial of coverage was that its policy only insured the vehicle for loss caused by collision, including the “upset” of the vehicle. The trial court agreed with the defendant’s interpretation that the term “upset” was…

2Cases cited3 opinions

  1. Sell v. Country Mutual InsuranceAppellate Court of Illinois · 1960
  2. Leon D. McCormick & Sons, Inc. v. Auto-Owners Insurance Co.District Court of Appeal of Florida · 1980
  3. Mason v. Commercial Union Assurance CompaniesUtah Supreme Court · 1981

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