UNITED EQUITABLE INSURANCE COMPANY, Plaintiff-Appellant, v. ANTHONY THOMAS, CARL HENRY, UNKNOWN INSURERS, and SHYEATA RASCOE, Defendants (Anthony Thomas and Shyeata Rascoe, Defendants-Appellees)., 2021 IL App (1st) 201122

Summary

HOLDINGS: [1]- The circuit court properly denied an insurer's motion for summary judgment, granted summary judgment to the insured and a passenger, and dismissed the insurer's declaratory judgment action because the insurer's attempt to rescind coverage due to the insured's misrepresentations—regarding his use of the insured vehicle for ridesharing—was untimely under 215 ILCS 5/154 (2016) and the policy since the policy had been in effect for more than one policy term, and the record did not show that the insured or the passenger sought coverage under the policy's exclusions barring coverage for use of a vehicle as a public or livery conveyance.