Ronald Richey was insured under a property policy from Erie Insurance Group when he had a boat accident. While boating on the Illinois River, his boat collided with sub-surface mud and debris. He alleged that his propeller and related assembly was damaged by the collision. The boat stopped and in his following efforts to resume travel, he operated the boat motor until it shut down. After the powerless boat was disentangled via Richey using an oar to pry things free, Richey and his boat were towed to dock by another boater.

Richey filed a claim with Erie after he paid for propeller repairs and a new motor as the old motor was irreparably damaged. As it turned out, while running the boat motor to free the boat, the water pump and subsequently the motor were destroyed. Erie inspected the loss and determined that the majority of the damage was caused by Richey’s attempt to get the boat dislodged. It rejected the claim. Both parties filed opposing motions and trial court granted a partial summary judgment in favor of Erie. Richey appealed.

Richey challenged the lower court decision obligating Erie only to pay for the damages attributed to the initial collision. The higher court found that its view aligned with the lower court’s finding. In both courts’ opinion, the total damages involved those caused by the collision with the mud and debris and then, the damage caused by Richey’s attempt to free the boat. In review of the policy wording, the court found that the language obligated Erie to respond to accidental loss and excluded incidents of mechanical breakdown. The trial court ruling finding the insurer only responsible to the collision damage was affirmed.

Ronald Z. Richey, Plaintiff-Appellant, v. Erie Insurance Exchange, and Erie Insurance Co., Defendants-Appellees. Appellate Court of Illinois, Third District No. 3-02-0688. Filed June 25, 2003. Affirmed. Westlaw 791 N.E. 2nd 1313