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No. 10–1943. - CLARENDON NATIONAL INSURANCE COMPANY ...
CLARENDON NATIONAL INSURANCE COMPANY v. MEDINA
CLARENDON NATIONAL INSURANCE COMPANY, Plaintiff–Appellee, v. Maria MEDINA, Guillermo Medina, Town Trucking Company, Jerry Schulman, Co–Administrator of the Estate of Michael Walter Schulman, Deceased, and Mary Falat–Schulman, Co–Administrator of the Estate of Michael Walter Schulman, Deceased, Defendants–Appellants.
No. 10–1943.
Argued Nov. 1, 2010. -- July 13, 2011 Before ROVNER, WOOD, and TINDER, Circuit Judges.
The trailer of Guillermo Medina's semi-truck jackknifed across the center line of a slippery road while he was making a delivery of shingles for Town Trucking Company, a federally licensed motor carrier. The wayward trailer struck a pickup truck and killed its driver, Michael Walter Schulman. Schulman's parents, as administrators of his estate, brought a wrongful death and survival action in Illinois state court against Town; Guillermo; and Guillermo's wife, Maria Medina, the titular owner of the truck Guillermo was driving at the time of the accident. The suit settled. Pursuant to the settlement agreement, Town's insurance carrier, Occidental Fire & Casualty, who defended the action, paid out the full $1 million policy limit. The agreement also provided that the state court would issue a $2 million consent judgment against Town and the Medinas. Schulman's estate agreed that the payment from Occidental would satisfy the first $1 million of the judgment, while the second $1 million would come, if at all, from an insurance policy Clarendon National Insurance Company issued to Guillermo. Clarendon declined coverage, citing an exclusion in Guillermo's policy. It then sought a declaratory judgment of its liability from the district court for the Northen District of Illinois. The district court found no coverage and granted summary judgment in Clarendon's favor. We affirm.
I. Background
In early 2006, Guillermo and Maria's son, a commercial truck driver, got a new truck cab. Pursuant to a “family decision,” the son transferred ownership of his old truck cab, a 1998 Volvo, to Maria. Maria did not have a commercial driver's license and was therefore unable to drive the Volvo commercially. Guillermo, however, had a commercial driver's license and several years' experience as a truck driver, which Maria expected him to use to find a trucking job. Armed with the Volvo, his credentials, and Maria's blessing, Guillermo successfully applied for a job with Town Trucking, a Summit, Illinois-based, federally licensed interstate motor carrier for whom his son drove.