Economy Fire & Casualty Co. v. Kubik

The Economy Fire & Casualty Co. v. Kubik, 142 Ill. App. 3d 906, 492 N.E.2d 504, 97 Ill. Dec. 68 (1986) court reasoned that because Economy had placed "family member" in some exclusions while omitting it from others, the court was compelled to read the entitlement exclusion literally and found that it did not apply to a "family member." Kubik, 142 Ill. App. 3d at 911, 492 N.E.2d at 508. The ambiguity was construed in a light most favorable to the insured, thereby requiring Economy to defend and indemnify the insured's 14-year-old unlicensed daughter who was driving the insured vehicle at the time of a fatal accident. Kubik, 142 Ill. App. 3d at 911, 492 N.E.2d at 505.