Progressive Premier Insurance Company v. Cannon

              No. 3–07–0297
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Filed June 11, 2008
IN THE APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2008
PROGRESSIVE PREMIER INSURANCE ) Appeal from the Circuit Court
COMPANY, ) for the 13th Judicial Circuit,
Plaintiff-Appellee, ) LaSalle County, Illinois
)
v. ) No. 06–MR–96
)
DIANE CANNON, Individually and as Mother ) Honorable
and Next Friend of Abigail Rhea Cannon, ) Eugene P. Daugherity
a Minor; DENNIS CANNON, Individually and as ) Judge, Presiding
Father of Abigail Rhea Cannon, a Minor; and )
STEPHANIE KAY and FELICITY KAY, )
Defendants-Appellants. )
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JUSTICE O’BRIEN delivered the opinion of the court:
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Plaintiff Progressive Premier Insurance Co. filed this declaratory judgment action seeking
a determination that coverage it was required to pay under the watercraft policy it issued to
defendants Stephanie Kay and Felicity Kay was limited to $100,000 for an accident in which the
Kays’ two jet skis collided, injuring defendant Abigail Cannon. The trial court granted summary
judgment in Progressive’s favor. Abigail and her parents, defendants Diane and Dennis Cannon,
appealed. We affirm.
FACTS
In July 2003, Stephanie Kay and Felicity Kay were operating separate jet skis on the Illinois
River near the Starved Rock Marina. Abigail Cannon was a passenger on Stephanie’s jet ski. The
two jet skis collided, allegedly as the result of the negligence of Stephanie and Felicity. Abigail and