Business Auto Policy is for Owned Autos Only

Commercial Auto	Family Household Member
Underinsured Motorist	Nonowned Vehicle

Home Indemnity issued a business auto policy to Crown Glass Corporation (Crown), with Berle Blitzstein (Blitzstein) listed as an insured. His stepson, Jason Karlov (Karlov), sought Underinsured Motorist (UIM) benefits for injuries from a collision with David Gardner (Gardner). The record indicated Karlov was riding his own motorcycle. After the accident, he received the $100,000 limit under Gardner's policy, while his own policy limit was only $15,000.

Although it was acknowledged that Karlov was part of Blitzstein's household, Blitzstein did not own the motorcycle. The business auto policy, which covered him, explicitly stated that it only applied to "those autos you own."

The trial court granted summary judgment to Home Indemnity, and Karlov appealed.

The higher court determined that Karlov was ineligible for UIM benefits under the business policy because he owned the motorcycle he was riding when injured. The policy explicitly excluded coverage for such a vehicle, even though the owner was a family member of the insured.

The trial court's judgment in favor of the insurance company was upheld.

Jason Karlov, Appellant, v. The Home Indemnity Company and Home Insurance Companies-No. 1-95-1754-Appellate Court of Illinois, First District, Third Division-October 30, 1996-672 North Eastern Reporter 2d 904.