The insured struck a lady and her four-year-old son with her car seriously injuring the mother and killing the son. The auto policy purported to exclude the insured, who was the only named insured, from coverage. The carrier filed a declaratory judgment action seeking a declaration it owed no duty to defend the under- lying personal injury and wrongful death suit. The insurance carrier for the plaintiffs in the underlying case filed a counterclaim. Faced with op- posing summary judgment motions, the trial court ruled in favor of the auto carrier. The Appellate Court reversed.

The Illinois Supreme Court noted that when a provision in an insurance policy conflicts with a statute, the provision will be void against public policy. By statute, a liability policy must insure the “person named therein.” As the insured was the only person named, the statute mandated that the policy cover her. American Access Casualty Co. v. Reyes, 2013 IL 115601 (12/19/13).