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Allstate Ins. Co. v. Mathis

Allstate Ins. Co. v. Mathis

Appellate Court of Illinois, Third District

December 8, 1998, Submitted ; February 1, 1999, Modified Opinion Filed

No. 3-98-0523

Opinion

 [*1028]   [**893]   [****19]  JUSTICE BRESLIN delivered the opinion of the Court:

Defendants Wayne and Claudia Grady, individually and as parents of Thomas Grady, deceased, appeal from the entry of summary judgment in favor of plaintiff Allstate Insurance Company (Allstate). The Gradys [***2]  filed an action against the Mathises surrounding the tragic death of their son, Thomas. Allstate insured the Mathises under a renter's policy. The trial court found that the business activities exclusion of the Allstate policy precluded coverage and dismissed the insurer from the case. We agree and affirm.

FACTS

The Mathises and Gradys were close friends. After Thomas's birth, Denise Mathis agreed to baby-sit for Thomas and Bristiana Grady while Claudia Grady returned to work full-time. Denise took care of the two children for approximately 40 hours per week. Claudia provided the formula and diapers for Thomas. At the end of the first week of sitting, Claudia paid Denise $ 4 per hour for her services. A few weeks later, Denise informed Claudia that $ 4 per hour was too much and adjusted the fee to $ 3 per hour. Claudia testified in her deposition that at no time was Denise not paid for providing care for the children.

Approximately ten months after the arrangement began, Denise placed Thomas in a playpen for a nap. When she returned to check on the child, several blankets from a dresser adjacent to the playpen had fallen on top of Thomas, suffocating him. The Gradys filed suit [***3]  alleging that the Mathises failed to properly supervise Thomas and failed  [*1029]  to maintain the premises in a safe condition. The Mathises turned to their insurance carrier, Allstate, for coverage.

Allstate insured the Mathises under a renter's liability policy. The policy provided, in part:

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302 Ill. App. 3d 1027 *; 706 N.E.2d 893 **; 1999 Ill. App. LEXIS 62 ***; 236 Ill. Dec. 19 ****

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. DENISE MATHIS, KEITH MATHIS, WAYNE GRADY & CLAUDIA GRADY, Individually and as parents of Thomas Grady, deceased, Defendants-Appellants.

Subsequent History:  [***1]  Released for Publication March 11, 1999.

Prior History: Appeal from the Circuit Court for the 12th Judicial Circuit, Will County, Illinois. No. 96--MR--13668. Honorable William Penn Judge, Presiding.

Disposition: Affirmed.

CORE TERMS

business activity, day care, per hour, baby-sit, coverage, insured, summary judgment, insured person, trial court, exclusionary provision, hours per week, economic gain, ten months, deposition, livelihood, undisputed, supervise, premises, renter's, parties, playpen, regular

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, General Overview, Materiality of Facts, Appeals, Standards of Review, De Novo Review, Summary Judgment Review, Standards of Review, Insurance Law, Claim, Contract & Practice Issues, Policy Interpretation, Plain Language