Preview
Hearing Date: 10/22/2024 10:30 AM FILED
Location: Court Room 2302 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 6/20/2024 12:00 AM
Judge: Moreland, Caroline Kate IRIS Y. MARTINEZ
COUNTY DEPARTMENT, CHANCERY DIVISION
CIRCUIT CLERK
COOK COUNTY, IL
SAFEWAY INSURANCE COMPANY, 2024CH05758
Calendar, 10
28177941
Plaintiff,
No. 2024CH05758
ANDRE WHITE, AMANDA BERRY, and
KESHONNA MCGOWAN,
Defendants.
COMPLAINT FOR DECLARATORY JUDGMENT
Pursuant to 735 ILCS 5/2-701, SAFEWAY INSURANCE COMPANY (herein “SAFEWAY”),
by its attorney Christopher W. Holwell and Holwell Law Group, LLC, hereby prays for an
order of declaratory judgment concerning its rights and duties under automobile insurance
policy number 3780350-IL-PP-001. In support thereof, SAFEWAY alleges as follows:
GENERAL ALLEGATIONS
SAFEWAY is an Illinois auto insurance company. Pursuant to 735 ILCS 5/2-701,
SAFEWAY brings this declaratory judgment action to resolve an actual controversy
concerning policy number 3780350-IL-PP-001. SAFEWAY does not seek a money
judgment against any person by virtue of this action.
On 10/28/2023, Vivian Ofei, was the named insured under a SAFEWAY automobile
insurance policy 3780350-IL-PP-001, and listing ANDRE J. WHITE (herein “WHITE”) as
a driver. True and accurate copies of the policy form and declarations are attached as
Exhibit 1.
WHITE was a resident of Chicago, Illinois.
On 10/28/2023, AMANDA BERRY (herein “BERRY”), was a resident of Chicago, Illinois.
1
On 10/28/2023, KESHONNA MCGOWAN (herein “MCGOWAN”) was a resident of
Chicago, Illinois.
SAFEWAY received notice that on 10/28/2023, WHITE was involved in an automobile
occurrence with a vehicle driven by BERRY and her passenger MCGOWAN.
That prior to the accident, WHITE and MCGOWAN had a relationship.
That prior to the automobile accident, it is alleged that WHITE physically assaulted
MCGOWAN.
That WHITE entered his vehicle and intentionally struck the rear of the BERRY vehicle
multiple times cause the BERRY vehicle to lose control.
10. The SAFEWAY INSURANCE COMPANY Policy 3780350-IL-PP-001 contained the
following provisions:
PART I- LIABILITY
aoe
Exclusions. This policy does not apply:
see
(c) to bodily injury or property damage caused intentionally by, or at the
direction, of the insured.
11. That exclusion (e) applies since WHITE, knew or expected his aggressive behavior in
intentionally colliding with the BERRY vehicle would not be covered for this loss.
12. Asa result, SAFEWAY INSURANCE COMPANY is not obligated to defend, or
indemnify, on behalf of ANDRE WHITE, regarding the 10/28/2023 occurrence.
WHEREFORE, the Plaintiff SAFEWAY INSURANCE COMPANY prays for an order of
declaratory judgment with respect to policy 3780350-IL-PP-001 as follows:
a. SAFEWAY INSURANCE COMPANY is not obligated to defend, or indemnify, or
provide coverage to or for ANDRE WHITE, for the 10/28/2023 occurrence;
b. SAFEWAY INSURANCE COMPANY is not obligated to defend, or indemnify, or
provide coverage to or for ANDRE WHITE, regarding the claim, any future claims
or any other lawsuit or claim which has arisen or may arise from the 10/28/2023
automobile occurrence;
c. Any such other relief as is appropriate.
SAFEWAY INSURANCE COMPANY
ov bE M
Firm ID No. 41386
Christopher W. Holwell
HOLWELL LAW GROUP, LLC
20 N. Clark Street, Suite 3300
Chicago, IL 60602
T:(312) 648-6115/ F: (312) 803-2100
holwell.law@gmail.com
Service List:
ANDRE WHITE, 6149 S. Sacramento Ave., Apt 1, Chicago, IL 60629
AMANDA BERRY, 1418 E. 68" St. Apt 2, Chicago, IL 60637
KESHONNA MCGOWAN, 1418 E. 68" St. Apt 2E, Chicago, IL 60637
ape
SAFEWAY INSURANCE COMPANY 790 Pasquinelli Drive, Westmont, Illinois 60559-1254 Phone (630) 887-8300, Fax (630) 887-9236
licant Name VIVAN OFEI [Producer 3087 [App ID User: MPAGONIS
lome Phone (773) 663-8694 Work Phone |ALAMO INSURANCE & FINANCIAL SERVICES, INC
|Mailing Address 6149 S SACRAMENTO AVE APT 1 City CHICAGO State IL Zip 60629
Te
|Garaging Address Car 1 City State IL Zip
Address _Car_2 Cit State IL Zi
lequested Effective Date 11/12/22 01:03 PM Std Time |[Q 11/12/23 12:01 AM Std Time Direct Brit Nec Monts Te WONT
3 revious carrier, policy number and expiration date
TERR. TATE POINTS) SUF DISCOUNT vehicle has Special equipment, please describe below, and apply Surcharge necessary. Non-|
4 | CHAI isclosure of such items may result in denial of coverage.
\VEH 1 66 SM29 ‘MC, PI, AT fe 1
|VEH 2 66 SF59 ‘MC, PI, AT h
Vehicles written for Physical Damage will cover basic vehick only; allerations and conversion
ISR-22 Filing? NO. Why? lequipment will not be covered.
[State Fees: $10.00
Ry Injury Fopary Wedical Uninsured Undernsured] Uninsured] Physical Damage Tlental Towing and
COVERAGES | _ Liability Payments |Motorists - Bl |Motorists - BI | Motorists PD Reimbursement Labor Costs
tani
fi ITS OF
BILITY
person
occur.
$25, 000
$50,000 $20, 000
$1, 000 $25, 000
$50,000
($250 Ded.)
Comp Coll Max Prem.
Per
|Dis. Prem.
TOTAL
| PREMIUMS
30 DAYS
Veh #1 = ll a| ssoDay | $
30 DAYS
Veh #2 =| BE ml ss0Day
| gy $
“ACV, aos Ded. Refer toon Owned GRAND TOTAL
Ww AR
5
jj THOSE IISTED BELOW "AND THAT NO DRIVER: 'S LICENSE ‘OF, ANY PERSON IN THE HOUSEHOLD OR OF ANY REGULAR DRIVER
IS UNDER SUSPENSION, REVOCATION, CANCELLED, OR EXPIRED AT THE TIME OF THE APPLICATION.
Principal Driver and All BIRTH MARITAL / DRIVERS LICENSE | State/ [OCCUPATION / EMPLOYER/ SCHOOL | FR
ers paTE | SEX |civi UNION NUMBER Cntry STUDENT NAME AND ADDRESS | Y/N
#1. VIVAN OFEI am CF ‘SINGLE 010086167900 IL REGISTRATION “URIES CHILDRENS HOSPITAL ¥
RECEPTIONIST
#2 ANDRE J WHITE a SINGLE W30001094131 IL ‘TRUCKER WHEEL LOGISTICS IL ®
DRIVER
[ADDITIONAL INFORMATION The Applicant has been advised that the following driver(s) have been identified through the insurance application process
by a routine consumer report and warrants that the status of each individual is as follows:
Name [Birth Date] Sex | Status
6 DESCRIPTION OF OWNED AUTOMOBILE(S)
—| VEH Year Trade Name Model Serial Number Dedueable Alarm ‘Symbol
‘Comp / Col
fa [2021 JEEP GRAND CHEROKEE 1C4RIFAG3MC883728 500/500 ¥ 29/24
2 [2012 DODGE DURANGO SXT AW 1C4RDJAG7CC213110 500/500 x 22/18
VEH |LOSS PAYEE / LEASING CO. Address Ci State Zip
7 |ALL QUESTIONS MUST BE TRUTHFULLY ANSWERED, ANY FALSE OR FRAUDULENT ANSWERS MAY RESULT IN DENIAL OF COVERAGE.
P—1VEH |a) Is auto driven to and from work? If yes, indicate miles. b) Is auto used for business or delivery purpose? If yes, please describe.
1 10 NO
2 10 NO
[Does any driver have a physical handicap which might affect safe operation of a motor vehicle and which is not compensated for, when , by vehicle equipment adaptation
jean OF MOdification? If Yes, submit a complete Medical Authorization/Physician’s Report. (We do not discriminate against qualified drivers with disabilities) (Yes [x]No
9 Statement of all accidents during the past 36 months for all drivers:
— NAME OF DRIVER NOTAT
DATE OF ACCIDENT
FAULT FAULT
10] THIS SECTION APPLIES ONLY WHEN THE LIMITS OF BODILY INJURY LIABILITY EXCEEDS THE BASIC STATUTORY LIMITS.
=—q Additional Uninsured Motorist/Underinsured Motorist Coverage must be purchased in
the same amounts as bodily injury liability limits of coverage if bodily injury coverage is
lsought in amounts greater than $25,000/$50,000 unless the applicant rejects additional
uninsured motoris/underinsured motorist coverage in writing on a Company form which
|must be signed by the applicant and submitted with this application. ‘APPLICANT'S SIGNATURE OR INITIAL,
11] The applicant has been advised of the availability of uninsured motor vehicle property damage coverage, the premium, and a brief description of the coverage.
08/15/21 Effective Date This application is in compliance with the RELIGIOUS FREEDOM :CTION AND CIVIL UNION ACT (750 ILCS 75/1).
IL-1898 THIS DOCUMENT WAS CREATED DYNAMICALLY FROM THE SAFEWAY INSURANCE WEBSITE. IN THE EVENT OF DISCREPANCIES BETWEEN
IS DOCUMENT AND THE DATA COLLECTED FROM THE PRODUCER AT THE OFFICIAL SAFEWAY INSU} THE LATTER SHALL,
saucy surance Group PREVAIL AS ACCURATE. ANY UNAUTHORIZED MODIFICATION MADE TO THIS DOCUMENT WILL RESULT IN THE CANCELLATION OF
POTENTIAL CRIMINAL PROSECI
d154372f-30c9-4a1 b.a347-0728ed2a5146 Page1 of 2 Printed: 11/12/2022 1:03:07 PM CT
Policy Package for 3780350-IL-PP-001 (Page 2 of 8)
SAFEWAY INSURANCE COMPANY 790 Pasquinelli Drive, Westmont, Illinois 60559-1254 Phone (630) 887-8300, Fax (630) 887-9236
42)APPLICANT'S STATEMENT:
== The applicant states that the application was read and attests that all answers are truthful and that said answers were made as an inducement to the
insurance company to issue a policy, and it is a special condition of this policy that the policy shall be NULL and VOID and of no benefit or effect
whatsoever as to any claim arising thereunder in the event that the attestations or statements in this application shall prove to be false or fraudulent
in nature. It is understood that a copy of this application shall be attached to and form a part of the policy of insurance when issued and that it is
intended that the company shall rely on the contents of this application in issuing any policy of insurance or renewal thereof.
13]AGENT OF APPLICANT'S STATEMENT: The agent of the applicant states that the information on this application was given to him by the applicant.
14] THE INSURANCE POLICY ISSUED PURSUANT TO THIS APPLICATION IS VALID ONLY IF SIGNED BY THE APPLICANT AND, OR
j=] THE AGENT OF THE APPLICANT ACTING ON BEHALF OF THE APPLICANT.
muarie
pag pus
APPLICANT'S SIGNATURE
"den
gignNow e-signature ID: 2014906455, BROKER'S SIGNATURE AS AGENT FOR APPLICANTgnnvow e-signature ID. 9a63810a2
11/12/2022 19:05:08 UTC 19/12/2022 19:12:51 UTC
08/15/21 Effective Date This application is in compliance with the RELIGIOUS FREEDOM PROTECTION AND CIVIL UNION ACT (750 ILCS 75/1
IL-1898 IS DOCUMENT WAS CREATED DYNAMICALLY FROM THE SAFEWAY INSURANCE WEBSITE. IN THE EVENTOF DISCREPANCIES BETWEEN
THIS DOCUMENT AND THE DATA COLLECTED FROM THE PRODUCER AT THE OFFICIAL SAFEWAY INSURANCE WEBSITE, THE LATTER SHALL
© Sateway nsurance Goup PREVAIL AS ACCURATE. ANY UNAUTHORIZED MODIFICATION MADE TO THIS DOCUMENT WILL RESULT IN THE CANCELLATION OF THIS
ID POTENTIAL CRIMINAL PROSECUTION.
d154372f-30c9-4a1 paad7-8 7 28ed2a5{46 Page2 of 2 Printed: 11/12/2022 1:03:07 PM CT
Policy Package for 3780350-IL-PP-001 (Page 3 of 8)
signNow
SAFEWAY INSURANCE.
Document History
SignNow E-Signature Audit Log All dates expressed in MM/DD/YYYY (US)
Document name: Policy Package 3780350-IL-PP-001
Document created: 11/12/2022 19:03:31
Document pages: 8
Document ID: d5743349331d4b22b198e20e83fcca0cdf44b0a7
Document Sent: 11/12/2022 19:03:32 UTC
Document Status: Signed
11/12/2022 19:05:08UTC
Sender: esign-il@safewayins.com
Signers: ama_ofeil@yahoo.com, mpagonis@alamoinsurance.us
cc:
ag ives a Nae foleraat Ty
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Financial Strength Rating
Safeway Insurance Company
790 Pasquinelli Drive * BEST
Westmont, IL 60559 A Excellent
For Billing Inquiries or to Make A Payment visit us on-line or using your Privacy statement enclosed.
mobile device at MySafeway.com or by phone 888-575-3593.
Declaration Page
Policy Number: 3780350-IL-PP-001 Policy Period: 11/12/2022 01:03 PM To 11/12/2023
Std Time 12:01 AM Std Time
Item1 Producer 3087
VIVAN OFEI ALAMO INSURANCE & FINANCIAL
6149 S SACRAMENTO AVE APT | SERVICES, INC.
CHICAGO, IL 60629 3006 W LAWRENCE AVE
CHICAGO, IL 60625
(872) 208-7952
Coverage is provided where a Limit of Liability and a Premium are indicated
Coverages
Bodily Injury Property Damage Medical Uninsured Underinsured Uninsured
z Liability Liability Payments Motorists - BI Motorists - BI Motorists - PD =
Limit of Each Person] $25,000 $1,000 $25,000 ACV Less $250 Ded.
Liability] Each Accident $50,000 $20,000 $50,000
Premium Veh 1 moO Oo =
Premium Veh 2 Ee = Rental
* Actual Cash Value Comprehensive Collision Towing and Labor Cost Reimbursement (Max) TOTAL -
Less Deductible Deductible * Premium {Deductible * Premium [Each Disablement / Prem. Limit Prem. PER VEHICLE |Z
\Veh 1 500 = 500 = =
oe a
30 DAYS$30Day
\Veh 2 500 = 500 = 30 DAYS$30Day 7.
FR: NO State Fees: $10.00 TOTAL POLICY PREMIUM a =
x Description of the Vehicle(s)
wi {Veh Year Make & Model 1D Number (VIN) Sym Terr Class Age Sch Discounts Value Ji
a 1 2021 JEEP GRAND CHEROKEE LAREDO 1C4RJFAG3MC883728 29/24 66 SM29 3 0 MC, PLAT
' E/LAREDO.
ud 2 2012 DODGE DURANGO SXT AWD 1C4RDJAG7CC213110 22/18 66 SF59 12 0 IC, PI, AT
Z Loss Payee(s)/Additional Insured(s). Any loss under Coverage for Damage to your auto is payable as interest may appear to the named insured and: z
© [Veh Name(s) Address LP/AI ©
& [Driver(s) Exclusion of Named Driver(s) Applicable Endorsements ]°
i. VIVAN OFEI a °
> ANDRE WHITE a >
OQ. LOSS PAYEE AGREEMENT
The Company shall pay the Loss Payee identified on the declarations as its interest shall appear. The right of the Loss Payee herein is subject to any defense
© the Company has as to the insured. The Loss Payee shall tender to the Company properly executed title to the insured vehicle as a condition of payment oO
hereunder. The Company will give legally required notice of renewal, intent not to renew or cancellation to the Loss Payee identified on the declarations.
The insurance afforded is only with respect to the coverage or groups of coverages as are indicated herein by a specific premium charge or charges.
The limit of the company's liability against each such coverage shall be as stated herein, subject to all the terms of this policy having reference
thereto and shall not be increased regardless of the number of premiums charged or the number of automobiles or trailers to which this policy
applies.
Wt
F leapt
Named Insured warrants there are no other drivers listed
in the household other than those listed in the application
or endorsement. 11/12/2022
Countersigned by Licensed Resident Agent
ed: 08/2021 #48147515
Declarations Page 1 of 1 Printed: 11/12/2022 1:03:08 PM CT
201
d154372f-30c9-4a1b-a347-e728ed2a5f46
Policy Package for 3780350-IL-PP-001 (Page 4 of 8)
ci SAFEWAY INSURANCE
ILLINOIS
PERSONAL AUTOMOBILE INSURANCE POLICY
IMPORTANT
Don’t fail to notify the office of the Company at Westmont, Illinois of every accident however
slight, immediately upon occurrence. If accident is fatal or involves serious injury telephone
at the company’s expense, giving date of inquest if one is to be held. Delay in sending notice
may jeopardize your claim rights. Please notify us immediately and send a complete report
later.
PLEASE READ YOUR POLICY
NOTICE—This policy has been issued based upon the reliance on the statements on
the application. Read it Carefully and notify the Company (through your agent) of any
misinformation or changes that may occur immediately.
THESE POLICY PROVISIONS WITH THE APPLICATION, DECLARATIONS PAGE, AND
ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THIS POLICY.
‘SAFEWAY INSURANCE COMPANY, Westmont, Ilinois 60559
SAFEWAY INSURANCE COMPANY
WESTMONT, ILLINOIS
(A stock insurance company, herein called the Company)
agrees with the insured, named in the Declarations made a part hereof, in consideration of the payment of the premium
and in reliance upon the statements in the Application and subject to the Declarations and all of the terms of this policy:
PART | — LIABILITY
A- Bodily Injury Lial ; B - Property Damage Liability. To pay on (2) a relative, but only with respect to a private passenger
behalf of the insured, but only to the extent of the applicable policy automobile, provided the person using such automobile has
limits, all sums which the insured shall become legally obligated to received the permission of its owner and the use is within
pay as damages because of: the scope of such permission;
A. bodily injury, or (c) any other person or organization legally responsible for the use of
B. property damage (1) an owned automobile, or
arising out of the ownership, maintenance or use of the owned (2) a non-owned automobile, if such automobile is not owned
automobile or any non-owned automobile, and the Company shall or hired by such person or organization, Provided the actual
defend any suit alleging such bodily injury or property damage and use thereof is by a person who is an insured under (2.a) or
seeking damages which are payable under the terms of this policy, (b) above with respect to such owned automobile or non-
even if any of the allegations of the suit are groundless, false or owned automobile.
2 fraudulent; but the Company may make such investigation and The insurance afforded under Part | applies separately to each
settlement of any claim or suit as it deems expedient. Itis understood insured against whom claim is made or suit is brought, but neither
and agreed that the Company has the sole right to settle or defend the inclusion herein of more than one insured nor the application of
any suit including but not limited to the right to accept or reject the policy to more than one automobile shall operate to increase the
arbitration awards entered in such suit. It is understood and agreed limits of liability stated in the Declarations for the liability coverages.
that the Company has no obligation to any insured after applicable
limits of the policy have been exhausted by payment; it is further Definitions. Under Part |:
understood and agreed that the Company is not obligated to pay, “named insured” means the individual named in Item 1 of the Declarations
and shall not pay, attorney fees for any legal or investigative work and also includes his spouse, if a resident of the same household;
unless such attorneys are specifically selected by the Company; it “spouse” means a lawfully wedded spouse and also means a
is further understood and agreed that the Company is not obligated person joined in a civil union according to statute;
to pay, and shall not pay, any sum which the insured may be legally
obligated to pay as a result of a lawsuit unless the Company “insured” means a person or organization described under
received actual notice of said suit before any judgment had been “Persons Insured”;
entered in said suit. “relative” means a person related to the named insured by blood,
Supplementary Payments. To pay, in addition to the applicable marriage or adoption and who is a resident of the named insured’s
limits of liability: household and is either not licensed as a driver or is listed on the
application for this insurance as a driver, provided neither such relative
(@) all expenses incurred by the Company, all costs taxed against the nor the spouse of such relative owns a private passenger automobile;
insured in any such suit and all interest on the entire amount of
any judgment therein which accrues after entry of the judgment “owned automobile” means:
and before the Company has paid or tendered or deposited in (a) a private passenger, farm or utility automobile described in this
court that part of the judgment which does not exceed the limit policy; or,
of the Company's liability thereon; (b) aprivate passenger, farm or utility automobile, ownership of which is
(b) premiums on appeal bonds required in any such suit, premiums acquired by the named insured during the policy period provided
on bonds to release attachments for an amount not in excess of (1) that the acquired automobile replaces an automobile
the applicable limit of liability of this and the cost of bail bonds described in this policy, that neither the named insured
required of the insured because of accident or traffic law violation nor any resident of his household retains ownership of the
arising out of the use of an automobile insured hereunder, not to described replaced automobile, and that the named insured
exceed $100 per bail bond, but without any obligation to apply notified the Company in writing within 30 days after the
for or furnish any such bonds; acquisition of his intention to make this policy applicable to
(c) all reasonable expenses, other than loss of earnings, incurred by such acquired replacement automobile, or
the insured at the Company's request. (2) that the Company insures all private passenger, farm and
Persons Insured. The following are insureds under Part I: utility automobiles owned by the named insured on the
(a) with respect to the owned automobile, date of such acquisition and the named insured notifies the
Company in writing within 30 days after the date of such
(1) the named insured; acquisition of his election to make this and no other policy
2) any other person using the owned automobile to whom the issued by the Company applicable to such automobile; or
named insured has given permission, provided the use is (0) a temporary substitute automobile;
within the scope of such permission;
“temporary substitute automobile” means any automobile not
(b) with respect to a non-owned automobile; owned by the named insured, or any resident of the same household,
(1) the named insured, provided the named insured received while temporarily used as a substitute for the owned automobile
the permission of its owner, and the use is within the scope when withdrawn from normal use because of its breakdown, repair,
of such permission. servicing, loss or destruction;
“non-owned automobile” means a private passenger, farm or (d) to bodily injury or property damage arising out of the operation
utility automobile not owned by or furnished for the regular use of of farm machinery;
either the named insured or any resident of the named insured’s (@) to bodily injury of any employee of the insured arising out of
household. An automobile qualifying under this policy as a and in the course of employment by the insured if such injury
“temporary substitute automobile” shall be deemed not to be a arises out of the ownership, maintenance or use of an owned
“non- owned automobile”; automobile or of a non-owned automobile;
“private passenger automobile” means a four wheel private (f) to bodily injuryto any fellow employee of the insured injured in the
passenger, station wagon or jeep type automobile; course and scope of his or her employment if such injury arises
“farm automobile” means an automobile of the truck type with out of the ownership, maintenance or use of an automobile in the
a load capacity of fifteen hundred pounds or less not used for business of the insured’s employer;
business or commercial purposes other than farming; (g) to an owned automobile while used in the automobile business,
“utility automobile” means an automobile, other than a farm but this exclusion does not apply to the named insured, a relative,
automobile, with a load capacity of fifteen hundred pounds or less a partnership in which the named insured or such relative is a
of the pick-up body, sedan delivery or panel truck type not used for partner, or any partner, agent or employee of the named insured,
business or commercial purposes; such relative or partnershi
“trailer” means a trailer designed for use with a private passenger (h) to anon-owned automobile while used (1) in the automobile business
automobile, if not being used for business or commercial purposes by the insured or (2) in any other business or occupation of the insured
with other than a private passenger, farm or utility automobile, or a except a private passenger automobile operated or occupied by the
farm wagon or farm implement while used with a farm automobile, named insured or by his private chauffeur or domestic servant, or a
and if not a home, office, store, display or passenger trailer; trailer used therewith or with an owned automobile;
“automobile business” means the business or occupation of (i) to injury to or destruction of (1) property owned or transported by
2 selling, repairing, servicing, storing or parking automobiles; the insured or (2) property rented to or in charge of the insured
“use” of an automobile includes the loading and unloading thereof; other than a residence or private garage or (3) property as to
which the named insured is for any purpose exercising physical
“war” means war, whether
or not declared, civil war, insurrection, rebellion control. An automobile used, operated or maintained by an
or revolution, or any act or condition incident to any of the foregoing; insured is considered property in the charge of that insured;
“occupying” means in or upon or entering into or alighting from; () to bodily injury or property damage with respect to which an
“Transportation network platform” means an online-enabled insured under the policy is also an insured undera nuclear energy
application or digital network used to connect passengers, liability policy issued by Nuclear Energy Liability Insurance
customers or users with drivers using vehicle for purposes of Association, Mutual Atomic Energy Liability Underwriters or
providing prearranged transportation services for compensation; Nuclear Insurance Association of Canada, or would be an insured
“rideshare vehicle” means any vehicle while used to transport under any such policy but for its termination upon exhaustion of
passengers
or deliver pizza, food, goods or products for compensation its limit of liability;
under a transit order, including any time the operator of a rideshare (k) to any automobile designed for racing while being tested,
vehicle is logged into a transportation network platform; repaired or serviced, or to any automobile or motor vehicle while
“transit order” means a request received through a transportation used, operated, manipulated or maintained in any prearranged
network platform to transport a passenger or passengers or deliver or organized race or speed test, including “hot rod” or “stock
pizza, food, goods or products from one location to another via a car” racing;
rideshare vehicle. ()) to bodily injury or property damage due to war, whether or not
Exclusions. This policy does not apply under Part |: declared, civil war, riot, insurrection, rebellion or revolution or to
any act or condition incidental to any of to the foregoing;
(a) to bodily injury, or property damage to the named insured and
any relative of the insured related by blood, marriage or adoption (m) to any automobile while being operated or used in the
residing in the same household as the insured. The term “insured” commission of a crime, other than a traffic violation, or while
as used in this exclusion means the person against whom the claim attempting to elude police;
is made or suit is brought. This exclusion shall not apply when a (n) to the payment of punitive or exemplary damages;
third party acquires the right of contribution against a member of (0) to any person operating an automobile without a reasonable
the injured person’s family. Nor shall this exclusion apply when belief that he or she is entitled to do so;
any person not residing in the household of the named insured
was driving the vehicle insured under this policy at the time of the (p) to the ownership, maintenance, or use of a vehicle while being used
accident, whi
Preview
Hearing Date: 10/22/2024 10:30 AM FILED Location: Court Room 2302 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 6/20/2024 12:00 AM Judge: Moreland, Caroline Kate IRIS Y. MARTINEZ COUNTY DEPARTMENT, CHANCERY DIVISION CIRCUIT CLERK COOK COUNTY, IL SAFEWAY INSURANCE COMPANY, 2024CH05758 Calendar, 10 28177941 Plaintiff, No. 2024CH05758 ANDRE WHITE, AMANDA BERRY, and KESHONNA MCGOWAN, Defendants. COMPLAINT FOR DECLARATORY JUDGMENT Pursuant to 735 ILCS 5/2-701, SAFEWAY INSURANCE COMPANY (herein “SAFEWAY”), by its attorney Christopher W. Holwell and Holwell Law Group, LLC, hereby prays for an order of declaratory judgment concerning its rights and duties under automobile insurance policy number 3780350-IL-PP-001. In support thereof, SAFEWAY alleges as follows: GENERAL ALLEGATIONS SAFEWAY is an Illinois auto insurance company. Pursuant to 735 ILCS 5/2-701, SAFEWAY brings this declaratory judgment action to resolve an actual controversy concerning policy number 3780350-IL-PP-001. SAFEWAY does not seek a money judgment against any person by virtue of this action. On 10/28/2023, Vivian Ofei, was the named insured under a SAFEWAY automobile insurance policy 3780350-IL-PP-001, and listing ANDRE J. WHITE (herein “WHITE”) as a driver. True and accurate copies of the policy form and declarations are attached as Exhibit 1. WHITE was a resident of Chicago, Illinois. On 10/28/2023, AMANDA BERRY (herein “BERRY”), was a resident of Chicago, Illinois. 1 On 10/28/2023, KESHONNA MCGOWAN (herein “MCGOWAN”) was a resident of Chicago, Illinois. SAFEWAY received notice that on 10/28/2023, WHITE was involved in an automobile occurrence with a vehicle driven by BERRY and her passenger MCGOWAN. That prior to the accident, WHITE and MCGOWAN had a relationship. That prior to the automobile accident, it is alleged that WHITE physically assaulted MCGOWAN. That WHITE entered his vehicle and intentionally struck the rear of the BERRY vehicle multiple times cause the BERRY vehicle to lose control. 10. The SAFEWAY INSURANCE COMPANY Policy 3780350-IL-PP-001 contained the following provisions: PART I- LIABILITY aoe Exclusions. This policy does not apply: see (c) to bodily injury or property damage caused intentionally by, or at the direction, of the insured. 11. That exclusion (e) applies since WHITE, knew or expected his aggressive behavior in intentionally colliding with the BERRY vehicle would not be covered for this loss. 12. Asa result, SAFEWAY INSURANCE COMPANY is not obligated to defend, or indemnify, on behalf of ANDRE WHITE, regarding the 10/28/2023 occurrence. WHEREFORE, the Plaintiff SAFEWAY INSURANCE COMPANY prays for an order of declaratory judgment with respect to policy 3780350-IL-PP-001 as follows: a. SAFEWAY INSURANCE COMPANY is not obligated to defend, or indemnify, or provide coverage to or for ANDRE WHITE, for the 10/28/2023 occurrence; b. SAFEWAY INSURANCE COMPANY is not obligated to defend, or indemnify, or provide coverage to or for ANDRE WHITE, regarding the claim, any future claims or any other lawsuit or claim which has arisen or may arise from the 10/28/2023 automobile occurrence; c. Any such other relief as is appropriate. SAFEWAY INSURANCE COMPANY ov bE M Firm ID No. 41386 Christopher W. Holwell HOLWELL LAW GROUP, LLC 20 N. Clark Street, Suite 3300 Chicago, IL 60602 T:(312) 648-6115/ F: (312) 803-2100 holwell.law@gmail.com Service List: ANDRE WHITE, 6149 S. Sacramento Ave., Apt 1, Chicago, IL 60629 AMANDA BERRY, 1418 E. 68" St. Apt 2, Chicago, IL 60637 KESHONNA MCGOWAN, 1418 E. 68" St. Apt 2E, Chicago, IL 60637 ape SAFEWAY INSURANCE COMPANY 790 Pasquinelli Drive, Westmont, Illinois 60559-1254 Phone (630) 887-8300, Fax (630) 887-9236 licant Name VIVAN OFEI [Producer 3087 [App ID User: MPAGONIS lome Phone (773) 663-8694 Work Phone |ALAMO INSURANCE & FINANCIAL SERVICES, INC |Mailing Address 6149 S SACRAMENTO AVE APT 1 City CHICAGO State IL Zip 60629 Te |Garaging Address Car 1 City State IL Zip Address _Car_2 Cit State IL Zi lequested Effective Date 11/12/22 01:03 PM Std Time |[Q 11/12/23 12:01 AM Std Time Direct Brit Nec Monts Te WONT 3 revious carrier, policy number and expiration date TERR. TATE POINTS) SUF DISCOUNT vehicle has Special equipment, please describe below, and apply Surcharge necessary. Non-| 4 | CHAI isclosure of such items may result in denial of coverage. \VEH 1 66 SM29 ‘MC, PI, AT fe 1 |VEH 2 66 SF59 ‘MC, PI, AT h Vehicles written for Physical Damage will cover basic vehick only; allerations and conversion ISR-22 Filing? NO. Why? lequipment will not be covered. [State Fees: $10.00 Ry Injury Fopary Wedical Uninsured Undernsured] Uninsured] Physical Damage Tlental Towing and COVERAGES | _ Liability Payments |Motorists - Bl |Motorists - BI | Motorists PD Reimbursement Labor Costs tani fi ITS OF BILITY person occur. $25, 000 $50,000 $20, 000 $1, 000 $25, 000 $50,000 ($250 Ded.) Comp Coll Max Prem. Per |Dis. Prem. TOTAL | PREMIUMS 30 DAYS Veh #1 = ll a| ssoDay | $ 30 DAYS Veh #2 =| BE ml ss0Day | gy $ “ACV, aos Ded. Refer toon Owned GRAND TOTAL Ww AR 5 jj THOSE IISTED BELOW "AND THAT NO DRIVER: 'S LICENSE ‘OF, ANY PERSON IN THE HOUSEHOLD OR OF ANY REGULAR DRIVER IS UNDER SUSPENSION, REVOCATION, CANCELLED, OR EXPIRED AT THE TIME OF THE APPLICATION. Principal Driver and All BIRTH MARITAL / DRIVERS LICENSE | State/ [OCCUPATION / EMPLOYER/ SCHOOL | FR ers paTE | SEX |civi UNION NUMBER Cntry STUDENT NAME AND ADDRESS | Y/N #1. VIVAN OFEI am CF ‘SINGLE 010086167900 IL REGISTRATION “URIES CHILDRENS HOSPITAL ¥ RECEPTIONIST #2 ANDRE J WHITE a SINGLE W30001094131 IL ‘TRUCKER WHEEL LOGISTICS IL ® DRIVER [ADDITIONAL INFORMATION The Applicant has been advised that the following driver(s) have been identified through the insurance application process by a routine consumer report and warrants that the status of each individual is as follows: Name [Birth Date] Sex | Status 6 DESCRIPTION OF OWNED AUTOMOBILE(S) —| VEH Year Trade Name Model Serial Number Dedueable Alarm ‘Symbol ‘Comp / Col fa [2021 JEEP GRAND CHEROKEE 1C4RIFAG3MC883728 500/500 ¥ 29/24 2 [2012 DODGE DURANGO SXT AW 1C4RDJAG7CC213110 500/500 x 22/18 VEH |LOSS PAYEE / LEASING CO. Address Ci State Zip 7 |ALL QUESTIONS MUST BE TRUTHFULLY ANSWERED, ANY FALSE OR FRAUDULENT ANSWERS MAY RESULT IN DENIAL OF COVERAGE. P—1VEH |a) Is auto driven to and from work? If yes, indicate miles. b) Is auto used for business or delivery purpose? If yes, please describe. 1 10 NO 2 10 NO [Does any driver have a physical handicap which might affect safe operation of a motor vehicle and which is not compensated for, when , by vehicle equipment adaptation jean OF MOdification? If Yes, submit a complete Medical Authorization/Physician’s Report. (We do not discriminate against qualified drivers with disabilities) (Yes [x]No 9 Statement of all accidents during the past 36 months for all drivers: — NAME OF DRIVER NOTAT DATE OF ACCIDENT FAULT FAULT 10] THIS SECTION APPLIES ONLY WHEN THE LIMITS OF BODILY INJURY LIABILITY EXCEEDS THE BASIC STATUTORY LIMITS. =—q Additional Uninsured Motorist/Underinsured Motorist Coverage must be purchased in the same amounts as bodily injury liability limits of coverage if bodily injury coverage is lsought in amounts greater than $25,000/$50,000 unless the applicant rejects additional uninsured motoris/underinsured motorist coverage in writing on a Company form which |must be signed by the applicant and submitted with this application. ‘APPLICANT'S SIGNATURE OR INITIAL, 11] The applicant has been advised of the availability of uninsured motor vehicle property damage coverage, the premium, and a brief description of the coverage. 08/15/21 Effective Date This application is in compliance with the RELIGIOUS FREEDOM :CTION AND CIVIL UNION ACT (750 ILCS 75/1). IL-1898 THIS DOCUMENT WAS CREATED DYNAMICALLY FROM THE SAFEWAY INSURANCE WEBSITE. IN THE EVENT OF DISCREPANCIES BETWEEN IS DOCUMENT AND THE DATA COLLECTED FROM THE PRODUCER AT THE OFFICIAL SAFEWAY INSU} THE LATTER SHALL, saucy surance Group PREVAIL AS ACCURATE. ANY UNAUTHORIZED MODIFICATION MADE TO THIS DOCUMENT WILL RESULT IN THE CANCELLATION OF POTENTIAL CRIMINAL PROSECI d154372f-30c9-4a1 b.a347-0728ed2a5146 Page1 of 2 Printed: 11/12/2022 1:03:07 PM CT Policy Package for 3780350-IL-PP-001 (Page 2 of 8) SAFEWAY INSURANCE COMPANY 790 Pasquinelli Drive, Westmont, Illinois 60559-1254 Phone (630) 887-8300, Fax (630) 887-9236 42)APPLICANT'S STATEMENT: == The applicant states that the application was read and attests that all answers are truthful and that said answers were made as an inducement to the insurance company to issue a policy, and it is a special condition of this policy that the policy shall be NULL and VOID and of no benefit or effect whatsoever as to any claim arising thereunder in the event that the attestations or statements in this application shall prove to be false or fraudulent in nature. It is understood that a copy of this application shall be attached to and form a part of the policy of insurance when issued and that it is intended that the company shall rely on the contents of this application in issuing any policy of insurance or renewal thereof. 13]AGENT OF APPLICANT'S STATEMENT: The agent of the applicant states that the information on this application was given to him by the applicant. 14] THE INSURANCE POLICY ISSUED PURSUANT TO THIS APPLICATION IS VALID ONLY IF SIGNED BY THE APPLICANT AND, OR j=] THE AGENT OF THE APPLICANT ACTING ON BEHALF OF THE APPLICANT. muarie pag pus APPLICANT'S SIGNATURE "den gignNow e-signature ID: 2014906455, BROKER'S SIGNATURE AS AGENT FOR APPLICANTgnnvow e-signature ID. 9a63810a2 11/12/2022 19:05:08 UTC 19/12/2022 19:12:51 UTC 08/15/21 Effective Date This application is in compliance with the RELIGIOUS FREEDOM PROTECTION AND CIVIL UNION ACT (750 ILCS 75/1 IL-1898 IS DOCUMENT WAS CREATED DYNAMICALLY FROM THE SAFEWAY INSURANCE WEBSITE. IN THE EVENTOF DISCREPANCIES BETWEEN THIS DOCUMENT AND THE DATA COLLECTED FROM THE PRODUCER AT THE OFFICIAL SAFEWAY INSURANCE WEBSITE, THE LATTER SHALL © Sateway nsurance Goup PREVAIL AS ACCURATE. ANY UNAUTHORIZED MODIFICATION MADE TO THIS DOCUMENT WILL RESULT IN THE CANCELLATION OF THIS ID POTENTIAL CRIMINAL PROSECUTION. d154372f-30c9-4a1 paad7-8 7 28ed2a5{46 Page2 of 2 Printed: 11/12/2022 1:03:07 PM CT Policy Package for 3780350-IL-PP-001 (Page 3 of 8) signNow SAFEWAY INSURANCE. Document History SignNow E-Signature Audit Log All dates expressed in MM/DD/YYYY (US) Document name: Policy Package 3780350-IL-PP-001 Document created: 11/12/2022 19:03:31 Document pages: 8 Document ID: d5743349331d4b22b198e20e83fcca0cdf44b0a7 Document Sent: 11/12/2022 19:03:32 UTC Document Status: Signed 11/12/2022 19:05:08UTC Sender: esign-il@safewayins.com Signers: ama_ofeil@yahoo.com, mpagonis@alamoinsurance.us cc: ag ives a Nae foleraat Ty SafewayXchange Uploaded the Document esignil@satewayins.com 1/12/2022 19:03:32 pm UTC 207.125.161.65 SafewayXchange Document Saved esignl@satewayins.com 11/12/2022 19:03:31 pm UTC 207.125.161.65 SafewayXchange Invite Sent to: cesignil@satewayins.com sn/12/2022 19:02:23 pm UTC 207.125.161.65 ama_ofell@yahoo.com SafewayXchange ‘Viewed the Document ama_ofei1@yahoo.com 11/12/2022 19:08:12 pm UTC 14/12/2022 19:04:12 pm UTC 28.124,64,204 SafewayXchange Electronic Consent to Sign Granted ama_ofei1@yahoo.com 1/12/2022 19:08:25 pm UTC 11/12/2022 19:04:28 pm UTC 298.124,64.204 SafewayXchange ‘Signed the Document, Signature ID: ama_ofei1@yahoo.com 11/12/2022 19:05:08 pm UTC 11/12/2022 19:05:08 pm UTC 98.124,64.204 2o1e9de4ss6b402eb240 SafewayXchange Document Saved ama_ofeil@yahoo.com 11/12/2022 19:05:08 pm UTC 11/12/2022 19:05:08 pm UTC 98.124,64.204 SafewayXchange Invite Sent to: cesignil@satewayins.com 11/12/2022 19:05:09 pm UTC 98.124,64.204 mpagonis@alamoinsurance us SafewayXchange ‘Viewed the Document mpagonis@alamoinsurance.us sn/1/2022 19:11:24 pm UTC 14/12/2022 19:11:28 pm UTC 67.172,109.186 SafewayXchange Electronic Consent to Sign Granted mpagonis@alamoinsurance.us 1/12/2022 19:11:46 pm UTC 14/12/2022 19:11:47 pm UTC 67.173,100.186 SafewayXchange ‘Signed the Document, Signature 1D: mpagonis@alamoinsurance.us su/n/2022 19:12:51 pm UTC 14/12/2022 19:12:53 pm UTC 67.173,100.186 ‘9a69820a2bbe41b69026 SafewayXchange Document Saved mpagonis@alamoinsurance.us sn/12/2022 19:12:51 pm UTC 14/12/2022 19:12:53 pm UTC 67.172,100.186 SafewayXchange Document Downloaded esignl@satewayins.com 11/12/2022 19:12:56 pm UTC 207.125.161.65 Financial Strength Rating Safeway Insurance Company 790 Pasquinelli Drive * BEST Westmont, IL 60559 A Excellent For Billing Inquiries or to Make A Payment visit us on-line or using your Privacy statement enclosed. mobile device at MySafeway.com or by phone 888-575-3593. Declaration Page Policy Number: 3780350-IL-PP-001 Policy Period: 11/12/2022 01:03 PM To 11/12/2023 Std Time 12:01 AM Std Time Item1 Producer 3087 VIVAN OFEI ALAMO INSURANCE & FINANCIAL 6149 S SACRAMENTO AVE APT | SERVICES, INC. CHICAGO, IL 60629 3006 W LAWRENCE AVE CHICAGO, IL 60625 (872) 208-7952 Coverage is provided where a Limit of Liability and a Premium are indicated Coverages Bodily Injury Property Damage Medical Uninsured Underinsured Uninsured z Liability Liability Payments Motorists - BI Motorists - BI Motorists - PD = Limit of Each Person] $25,000 $1,000 $25,000 ACV Less $250 Ded. Liability] Each Accident $50,000 $20,000 $50,000 Premium Veh 1 moO Oo = Premium Veh 2 Ee = Rental * Actual Cash Value Comprehensive Collision Towing and Labor Cost Reimbursement (Max) TOTAL - Less Deductible Deductible * Premium {Deductible * Premium [Each Disablement / Prem. Limit Prem. PER VEHICLE |Z \Veh 1 500 = 500 = = oe a 30 DAYS$30Day \Veh 2 500 = 500 = 30 DAYS$30Day 7. FR: NO State Fees: $10.00 TOTAL POLICY PREMIUM a = x Description of the Vehicle(s) wi {Veh Year Make & Model 1D Number (VIN) Sym Terr Class Age Sch Discounts Value Ji a 1 2021 JEEP GRAND CHEROKEE LAREDO 1C4RJFAG3MC883728 29/24 66 SM29 3 0 MC, PLAT ' E/LAREDO. ud 2 2012 DODGE DURANGO SXT AWD 1C4RDJAG7CC213110 22/18 66 SF59 12 0 IC, PI, AT Z Loss Payee(s)/Additional Insured(s). Any loss under Coverage for Damage to your auto is payable as interest may appear to the named insured and: z © [Veh Name(s) Address LP/AI © & [Driver(s) Exclusion of Named Driver(s) Applicable Endorsements ]° i. VIVAN OFEI a ° > ANDRE WHITE a > OQ. LOSS PAYEE AGREEMENT The Company shall pay the Loss Payee identified on the declarations as its interest shall appear. The right of the Loss Payee herein is subject to any defense © the Company has as to the insured. The Loss Payee shall tender to the Company properly executed title to the insured vehicle as a condition of payment oO hereunder. The Company will give legally required notice of renewal, intent not to renew or cancellation to the Loss Payee identified on the declarations. The insurance afforded is only with respect to the coverage or groups of coverages as are indicated herein by a specific premium charge or charges. The limit of the company's liability against each such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto and shall not be increased regardless of the number of premiums charged or the number of automobiles or trailers to which this policy applies. Wt F leapt Named Insured warrants there are no other drivers listed in the household other than those listed in the application or endorsement. 11/12/2022 Countersigned by Licensed Resident Agent ed: 08/2021 #48147515 Declarations Page 1 of 1 Printed: 11/12/2022 1:03:08 PM CT 201 d154372f-30c9-4a1b-a347-e728ed2a5f46 Policy Package for 3780350-IL-PP-001 (Page 4 of 8) ci SAFEWAY INSURANCE ILLINOIS PERSONAL AUTOMOBILE INSURANCE POLICY IMPORTANT Don’t fail to notify the office of the Company at Westmont, Illinois of every accident however slight, immediately upon occurrence. If accident is fatal or involves serious injury telephone at the company’s expense, giving date of inquest if one is to be held. Delay in sending notice may jeopardize your claim rights. Please notify us immediately and send a complete report later. PLEASE READ YOUR POLICY NOTICE—This policy has been issued based upon the reliance on the statements on the application. Read it Carefully and notify the Company (through your agent) of any misinformation or changes that may occur immediately. THESE POLICY PROVISIONS WITH THE APPLICATION, DECLARATIONS PAGE, AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THIS POLICY. ‘SAFEWAY INSURANCE COMPANY, Westmont, Ilinois 60559 SAFEWAY INSURANCE COMPANY WESTMONT, ILLINOIS (A stock insurance company, herein called the Company) agrees with the insured, named in the Declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the Application and subject to the Declarations and all of the terms of this policy: PART | — LIABILITY A- Bodily Injury Lial ; B - Property Damage Liability. To pay on (2) a relative, but only with respect to a private passenger behalf of the insured, but only to the extent of the applicable policy automobile, provided the person using such automobile has limits, all sums which the insured shall become legally obligated to received the permission of its owner and the use is within pay as damages because of: the scope of such permission; A. bodily injury, or (c) any other person or organization legally responsible for the use of B. property damage (1) an owned automobile, or arising out of the ownership, maintenance or use of the owned (2) a non-owned automobile, if such automobile is not owned automobile or any non-owned automobile, and the Company shall or hired by such person or organization, Provided the actual defend any suit alleging such bodily injury or property damage and use thereof is by a person who is an insured under (2.a) or seeking damages which are payable under the terms of this policy, (b) above with respect to such owned automobile or non- even if any of the allegations of the suit are groundless, false or owned automobile. 2 fraudulent; but the Company may make such investigation and The insurance afforded under Part | applies separately to each settlement of any claim or suit as it deems expedient. Itis understood insured against whom claim is made or suit is brought, but neither and agreed that the Company has the sole right to settle or defend the inclusion herein of more than one insured nor the application of any suit including but not limited to the right to accept or reject the policy to more than one automobile shall operate to increase the arbitration awards entered in such suit. It is understood and agreed limits of liability stated in the Declarations for the liability coverages. that the Company has no obligation to any insured after applicable limits of the policy have been exhausted by payment; it is further Definitions. Under Part |: understood and agreed that the Company is not obligated to pay, “named insured” means the individual named in Item 1 of the Declarations and shall not pay, attorney fees for any legal or investigative work and also includes his spouse, if a resident of the same household; unless such attorneys are specifically selected by the Company; it “spouse” means a lawfully wedded spouse and also means a is further understood and agreed that the Company is not obligated person joined in a civil union according to statute; to pay, and shall not pay, any sum which the insured may be legally obligated to pay as a result of a lawsuit unless the Company “insured” means a person or organization described under received actual notice of said suit before any judgment had been “Persons Insured”; entered in said suit. “relative” means a person related to the named insured by blood, Supplementary Payments. To pay, in addition to the applicable marriage or adoption and who is a resident of the named insured’s limits of liability: household and is either not licensed as a driver or is listed on the application for this insurance as a driver, provided neither such relative (@) all expenses incurred by the Company, all costs taxed against the nor the spouse of such relative owns a private passenger automobile; insured in any such suit and all interest on the entire amount of any judgment therein which accrues after entry of the judgment “owned automobile” means: and before the Company has paid or tendered or deposited in (a) a private passenger, farm or utility automobile described in this court that part of the judgment which does not exceed the limit policy; or, of the Company's liability thereon; (b) aprivate passenger, farm or utility automobile, ownership of which is (b) premiums on appeal bonds required in any such suit, premiums acquired by the named insured during the policy period provided on bonds to release attachments for an amount not in excess of (1) that the acquired automobile replaces an automobile the applicable limit of liability of this and the cost of bail bonds described in this policy, that neither the named insured required of the insured because of accident or traffic law violation nor any resident of his household retains ownership of the arising out of the use of an automobile insured hereunder, not to described replaced automobile, and that the named insured exceed $100 per bail bond, but without any obligation to apply notified the Company in writing within 30 days after the for or furnish any such bonds; acquisition of his intention to make this policy applicable to (c) all reasonable expenses, other than loss of earnings, incurred by such acquired replacement automobile, or the insured at the Company's request. (2) that the Company insures all private passenger, farm and Persons Insured. The following are insureds under Part I: utility automobiles owned by the named insured on the (a) with respect to the owned automobile, date of such acquisition and the named insured notifies the Company in writing within 30 days after the date of such (1) the named insured; acquisition of his election to make this and no other policy 2) any other person using the owned automobile to whom the issued by the Company applicable to such automobile; or named insured has given permission, provided the use is (0) a temporary substitute automobile; within the scope of such permission; “temporary substitute automobile” means any automobile not (b) with respect to a non-owned automobile; owned by the named insured, or any resident of the same household, (1) the named insured, provided the named insured received while temporarily used as a substitute for the owned automobile the permission of its owner, and the use is within the scope when withdrawn from normal use because of its breakdown, repair, of such permission. servicing, loss or destruction; “non-owned automobile” means a private passenger, farm or (d) to bodily injury or property damage arising out of the operation utility automobile not owned by or furnished for the regular use of of farm machinery; either the named insured or any resident of the named insured’s (@) to bodily injury of any employee of the insured arising out of household. An automobile qualifying under this policy as a and in the course of employment by the insured if such injury “temporary substitute automobile” shall be deemed not to be a arises out of the ownership, maintenance or use of an owned “non- owned automobile”; automobile or of a non-owned automobile; “private passenger automobile” means a four wheel private (f) to bodily injuryto any fellow employee of the insured injured in the passenger, station wagon or jeep type automobile; course and scope of his or her employment if such injury arises “farm automobile” means an automobile of the truck type with out of the ownership, maintenance or use of an automobile in the a load capacity of fifteen hundred pounds or less not used for business of the insured’s employer; business or commercial purposes other than farming; (g) to an owned automobile while used in the automobile business, “utility automobile” means an automobile, other than a farm but this exclusion does not apply to the named insured, a relative, automobile, with a load capacity of fifteen hundred pounds or less a partnership in which the named insured or such relative is a of the pick-up body, sedan delivery or panel truck type not used for partner, or any partner, agent or employee of the named insured, business or commercial purposes; such relative or partnershi “trailer” means a trailer designed for use with a private passenger (h) to anon-owned automobile while used (1) in the automobile business automobile, if not being used for business or commercial purposes by the insured or (2) in any other business or occupation of the insured with other than a private passenger, farm or utility automobile, or a except a private passenger automobile operated or occupied by the farm wagon or farm implement while used with a farm automobile, named insured or by his private chauffeur or domestic servant, or a and if not a home, office, store, display or passenger trailer; trailer used therewith or with an owned automobile; “automobile business” means the business or occupation of (i) to injury to or destruction of (1) property owned or transported by 2 selling, repairing, servicing, storing or parking automobiles; the insured or (2) property rented to or in charge of the insured “use” of an automobile includes the loading and unloading thereof; other than a residence or private garage or (3) property as to which the named insured is for any purpose exercising physical “war” means war, whether or not declared, civil war, insurrection, rebellion control. An automobile used, operated or maintained by an or revolution, or any act or condition incident to any of the foregoing; insured is considered property in the charge of that insured; “occupying” means in or upon or entering into or alighting from; () to bodily injury or property damage with respect to which an “Transportation network platform” means an online-enabled insured under the policy is also an insured undera nuclear energy application or digital network used to connect passengers, liability policy issued by Nuclear Energy Liability Insurance customers or users with drivers using vehicle for purposes of Association, Mutual Atomic Energy Liability Underwriters or providing prearranged transportation services for compensation; Nuclear Insurance Association of Canada, or would be an insured “rideshare vehicle” means any vehicle while used to transport under any such policy but for its termination upon exhaustion of passengers or deliver pizza, food, goods or products for compensation its limit of liability; under a transit order, including any time the operator of a rideshare (k) to any automobile designed for racing while being tested, vehicle is logged into a transportation network platform; repaired or serviced, or to any automobile or motor vehicle while “transit order” means a request received through a transportation used, operated, manipulated or maintained in any prearranged network platform to transport a passenger or passengers or deliver or organized race or speed test, including “hot rod” or “stock pizza, food, goods or products from one location to another via a car” racing; rideshare vehicle. ()) to bodily injury or property damage due to war, whether or not Exclusions. This policy does not apply under Part |: declared, civil war, riot, insurrection, rebellion or revolution or to any act or condition incidental to any of to the foregoing; (a) to bodily injury, or property damage to the named insured and any relative of the insured related by blood, marriage or adoption (m) to any automobile while being operated or used in the residing in the same household as the insured. The term “insured” commission of a crime, other than a traffic violation, or while as used in this exclusion means the person against whom the claim attempting to elude police; is made or suit is brought. This exclusion shall not apply when a (n) to the payment of punitive or exemplary damages; third party acquires the right of contribution against a member of (0) to any person operating an automobile without a reasonable the injured person’s family. Nor shall this exclusion apply when belief that he or she is entitled to do so; any person not residing in the household of the named insured was driving the vehicle insured under this policy at the time of the (p) to the ownership, maintenance, or use of a vehicle while being used accident, whi