Windy Dean-Colomb owned a 1988 Ford Tempo at the time she rented a 1993 Buick Regal. She had secured insurance on the Ford from Economy Fire. The evidence showed that she, her brother and two friends drove the Buick to Baton Rouge, and had rented the car because the Ford had high mileage and had fuel line problems. However, it had been driven up to that time and had not been scheduled for repair.

While the insured's brother was driving the car, an accident occurred involving John Nottoli. Economy filed this action for judgment declaring its policy did not cover.

The insured's policy provided for coverage of "any auto . . . you do not own while used as a temporary substitute for any other vehicle described in the definition which is out of normal use because of its breakdown, repair, servicing, loss or destruction. . ."

The trial court entered judgment in favor of the company, and this appeal by John Nottoli, Inc. followed.

The higher court said the rented Buick was not a qualified substitute vehicle under the policy since the insured car did not meet the "breakdown" test. It stressed the fact the Ford had been used up to the time of the trip, and no repairs were contemplated at that time.

The judgment entered in the lower court in favor of Economy, holding there was no liability under its policy, was affirmed.

Economy Fire and Casualty Company v. Windy Dean-Colomb, and John Nottoli, Inc., Appellant-No. 4-94-0643-Appellate Court of Illinois, Fourth District-January 26, 1995-646 North Eastern Reporter 2d 288.