{
  "id": 1096307,
  "name": "NORTHBROOK PROPERTY AND CASUALTY COMPANY, Appellant, v. TRANSPORTATION JOINT AGREEMENT et al., Appellees",
  "name_abbreviation": "Northbrook Property & Casualty Co. v. Transportation Joint Agreement",
  "decision_date": "2000-12-01",
  "docket_number": "No. 88900",
  "first_page": "96",
  "last_page": "99",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. 2d 96"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "309 Ill. App. 3d 261",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        349613
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      "weight": 2,
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        {
          "page": "266"
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      "case_paths": [
        "/ill-app-3d/309/0261-01"
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    {
      "cite": "144 Ill. 2d 64",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        5592135
      ],
      "weight": 2,
      "year": 1991,
      "pin_cites": [
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          "page": "73"
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        {
          "page": "73"
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      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/144/0064-01"
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  "last_updated": "2023-07-14T22:17:13.097218+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "NORTHBROOK PROPERTY AND CASUALTY COMPANY, Appellant, v. TRANSPORTATION JOINT AGREEMENT et al., Appellees."
    ],
    "opinions": [
      {
        "text": "JUSTICE HEIPLE\ndelivered the opinion of the court:\nIn this action for declaratory judgment, plaintiff Northbrook Property and Casualty Company (North-brook) appeals the appellate court\u2019s determination that Northbrook has a duty to defend the Transportation Joint Agreement of School Districts 47 and 155 (school districts) in numerous lawsuits arising from the collision of a train with a school bus. We reverse.\nOn October 25, 1995, a METRA train collided with a school bus operated jointly by the school districts. Several students were killed and many others were injured, resulting in numerous lawsuits against the school districts.\nAt the time of the accident, one of the insurance policies which the school districts had in force was a commercial general liability policy issued by Northbrook. That policy states:\n\u201cWe will pay those sums that the insured becomes legally obligated to pay as damages because of \u2018bodily injury\u2019 or \u2018property damage\u2019 to which this insurance applies.\u201d\nThe policy also states that the following losses are not covered:\n\u201c \u2018Bodily injury\u2019 or \u2018property damage\u2019 arising out of the ownership, maintenance, use or entrustment to others of any aircraft, \u2018auto\u2019 or watercraft owned or operated or rented or loaned to any insured. Use includes operation and \u2018loading or unloading.\u2019 *** \u2018Auto\u2019 means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment.\u201d\nNorthbrook filed this action in the circuit court of McHenry County seeking a declaration that it had no duty to defend the school districts against the students\u2019 lawsuits because the injuries arose out of the use or operation of a bus. The trial court granted summary judgment for Northbrook. The appellate court reversed, holding that the students\u2019 lawsuits against the school districts adequately alleged that the injuries could have arisen from causes other than use or operation of the bus, such as failure of the school districts to adequately plan and inspect bus routes and warn bus drivers of potential hazards. 309 Ill. App. 3d 261.\nTo determine an insurer\u2019s duty to defend its insured, a court must look to the allegations of the underlying complaints. If the underlying complaints allege facts within or potentially within policy coverage, the insurer is obliged to defend its insured even if the allegations are groundless, false, or fraudulent. United States Fidelity & Guaranty Co. v. Wilkin Insulation Co., 144 Ill. 2d 64, 73 (1991). An insurer may not justifiably refuse to defend an action against its insured unless it is clear from the face of the underlying complaints that the allegations fail to state facts which bring the case within, or potentially within, the policy\u2019s coverage. Wilkin, 144 Ill. 2d at 73.\nHere, the allegations of the underlying complaints utterly fail to state facts which either actually or potentially bring the cases within the policy\u2019s coverage. The policy excludes injuries arising from the school districts\u2019 use or operation of a motor vehicle. Allegations that the school districts inadequately planned and inspected bus routes or failed to warn bus drivers of potential hazards along the routes are nothing more than rephrasings of the fact that the students\u2019 injuries arose from the school districts\u2019 use or operation of a motor vehicle. Contrary to the appellate court\u2019s holding, the students\u2019 complaints failed to allege that the injuries arose from events \u201cwholly independent of any negligent operation of the bus.\u201d 309 Ill. App. 3d at 266. North-brook therefore has no duty to defend the school districts in the underlying lawsuits.\nThe appellate court judgment is reversed, and the circuit court judgment is affirmed.\nAppellate court judgment reversed; circuit court judgment affirmed.",
        "type": "majority",
        "author": "JUSTICE HEIPLE"
      }
    ],
    "attorneys": [
      "Hinshaw & Culbertson, of Chicago (Stephen R. Swof-ford, Fritz K. Huszagh and Christine L. Olson, of counsel), for appellant.",
      "Wayne F. Plaza, Karen W. Howard and Nicole A. Roth, of Rooks, Pitts & Poust, of Chicago, for appellees Transportation Joint Agreement et al.",
      "Steven H. Kuh, of Chicago (Russell N. Brown, of Lustig & Brown, LLP of Buffalo, New York, of counsel), for appellee Westchester Fire Insurance Co."
    ],
    "corrections": "",
    "head_matter": "(No. 88900.\nNORTHBROOK PROPERTY AND CASUALTY COMPANY, Appellant, v. TRANSPORTATION JOINT AGREEMENT et al., Appellees.\nOpinion filed December 1, 2000.\nHinshaw & Culbertson, of Chicago (Stephen R. Swof-ford, Fritz K. Huszagh and Christine L. Olson, of counsel), for appellant.\nWayne F. Plaza, Karen W. Howard and Nicole A. Roth, of Rooks, Pitts & Poust, of Chicago, for appellees Transportation Joint Agreement et al.\nSteven H. Kuh, of Chicago (Russell N. Brown, of Lustig & Brown, LLP of Buffalo, New York, of counsel), for appellee Westchester Fire Insurance Co."
  },
  "file_name": "0096-01",
  "first_page_order": 106,
  "last_page_order": 109
}