1-00-3903								First Division

									November 4, 2002

VUONG Y. LEE, Special Adm'r of the		)		Appeal from the

Estate of Tak Kwon Lee, Deceased,			)		Circuit Court of

							)		Cook County.

		Plaintiff-Appellee,			)		

							)		

		v.					)		

							)		

JOHN DEERE INSURANCE COMPANY, n/k/a	)							

Sentry Select Insurance Company,			)	    		

							)		

		Defendant-Appellant and Third-	)		97 CH 5797

		Party Plaintiff				)		

							)

(Andy W. Y. Lin, a/k/a Waiyip Lin,			)		

							)		

		Defendant;				)		

							)

Elite Insurance Agency, Inc., and International	)

Risk Placement, Inc.,					)		The Honorable

							)		Ronald C. Riley,

		Third-Party Defendants).		)		Judge Presiding.		

	JUSTICE COHEN delivered the opinion of the court:

	On March 1, 1996, Tak Kwong Lee, a delivery truck operator employed by Asia Distributors,

Inc., d/b/a Asia Distributors and Trucking, Inc. (Asia), was fatally injured after being pinned between

a private automobile and an Asia delivery truck.  The at-fault driver was underinsured.  Lee's estate

filed an action in chancery seeking a declaration of the limits of underinsured motorist (UIM)

coverage potentially available to Lee under a policy then in effect through Asia's insurer, the John

Deere Insurance Company, n/k/a Sentry Select Insurance Company (John Deere).  

	The circuit court granted summary judgment in favor of Lee predicated on its finding that

John Deere's use of a separate form for the rejection of increased UIM coverage limits violated section 143a-2(2) of the Illinois Insurance Code (215 ILCS 5/143a-2(2) (West 1992)).  The circuit court reformed the policy then in effect, thereby raising Asia's UIM coverage limit from $40,000 per

accident to match its bodily injury coverage limit of $1 million per accident.   

	We hold that the circuit court misapplied section 143a-2(2) and consequently erred in

granting summary judgment in favor of Lee.  Accordingly, the judgment of the circuit court is

reversed.

BACKGROUND

	The record reflects that the president of Asia was Andy W.Y. Lin, a/k/a Waiyip Lin.  Lin

contacted Elite Insurance Agency, Inc. (Elite), an insurance brokerage firm, by telephone and spoke

to Elite employee Michael Amwoza about obtaining motor vehicle liability insurance for Asia's

delivery trucks.  On September 2, 1994, based on information provided by Lin, Amwoza completed

a "Non-Fleet Transportation Application" form (NFTA form) on Asia's behalf in order to obtain an

insurance quote from John Deere.  Amwoza testified at his deposition that he informed Lin over the

phone that Asia could obtain increased uninsured (UM) and UIM coverage above the statutory

minimum of $20,000 per person / $40,000 per accident1 up to the $1 million liability limit of its policy for an increase in premium.  Amwoza explained to Lin the nature of UM/UIM coverage and

provided Lin with the approximate cost of obtaining increased coverage.  Amwoza further testified

that Lin declined the increased UM/UIM coverage limits because "[Lin] wanted the policy as

inexpensive as he could get it."  Lin, during his deposition, denied that Amwoza had ever explained UM/UIM coverage or offered Asia increased coverage limits.

	The record contains a copy of the completed NFTA form indicating that Asia selected

coverage limits of $1 million for liability and $20,000 per person / $40,000 per accident for both UM and UIM coverage.  Amwoza obtained a quote for placing coverage with John Deere, which Asia

chose to accept.  Amwoza then submitted on Asia's behalf the completed NFTA form to

International Risk Placement, Inc. (IRP), one of John Deere's authorized agents.

	On September 8, 1994, John Deere issued a temporary insurance binder to Asia, agreeing to

extend coverage effective September 2, 1994.  The binder set forth liability and UM/UIM coverage

limits of $1 million and $20,000 per person / $40,000 per accident, respectively.  Also on September 8, IRP forwarded to Elite for execution by Asia a separate form entitled "John Deere Insurance

Company Selection/Rejection of Uninsured/Underinsured Motorist Coverage Illinois"

(selection/rejection form).  The selection/rejection form was the only form that John Deere required

its Illinois insureds to complete, sign and return to John Deere.2  

	On September 12, 1994, IRP forwarded to Elite the original and a copy of John Deere policy

No. 731286-6694-947 (No. 947), effective September 2, 1994, the date the binder issued.  On the

date the policy issued, Asia had not yet completed and returned the selection/rejection form. 

Accordingly, on October 13, 1994, John Deere sent IRP a letter requesting that IRP obtain the

completed form from Asia.  On October 17, 1994, IRP sent Amwoza a letter advising that the

selection/rejection form must be signed and returned by October 28, 1992, in order to avoid

cancellation of Asia's policy.

	The record contains an executed copy of the selection/rejection form, dated September 16,

1994, and apparently signed "Waiyip Lin."  Lin testified in his deposition, however, that the

purported signature was not his.  The executed form reflected that Asia had rejected increased

UM/UIM coverage and instead had requested the "minimum required to meet the Financial

Responsibility Laws of the state."  

	On November 17, 1994, John Deere cancelled policy No. 947 for nonpayment of premiums. 

On January 20, 1995, Amwoza filed a second NFTA form on Asia's behalf to reinstate coverage with

John Deere.  The second NFTA form reflects that Asia again requested coverage limits of $1 million

for liability and $20,000 per person / $40,000 per accident for both UM and UIM.  Amwoza faxed the completed NFTA form to IRP on January 20, 1995.  By letter dated January 25, 1995, IRP

informed Amwoza that it had bound coverage for Asia effective January 20, 1995, under policy No.

731286-7695-955 (No. 955), and had attached a second selection/rejection form for execution by

Asia and return to IRP.  

	On February 23, 1995, John Deere requested that IRP obtain an executed selection/rejection form from Asia with respect to policy No. 955, informing IRP that the policy would be cancelled if

John Deere had not received the executed form by March 16, 1995.  IRP forwarded John Deere's

notice to Amwoza at Elite on February 28, 1995.  Lee conceded before the trial court that Elite

subsequently received an executed selection/rejection form with respect to policy No. 955, dated

March 7, 1995, and forwarded the form to IRP.  IRP then forwarded the March 7 selection/rejection

form to John Deere.  Lin, however, disputed the authenticity of the signature on the March 7

selection/rejection form, which appeared on its face to have been signed by "Andy Lin."  As before,

the March 7 selection/rejection form indicated that Asia had rejected increased UI/UIM coverage

limits. 

	In reliance on the executed March 7 selection/rejection form, John Deere renewed coverage

and issued "Continuation Policy" No. 731786-7695-963 (No. 963), effective February 1, 1996, until

cancelled, without requiring Asia to execute a third selection/rejection form.  Because policy No. 963 was a renewal of No. 955, the same $1 million liability and $20,000-per-person / $40,000-per-

accident UM and UIM coverage limits applied.  215 ILCS 5/143a-2(2) (West 1992).

	Predicated on Asia's rejection of increased coverage limits, John Deere charged Asia an

annual premium of $12 per vehicle for the $20,000-per-person / $40,000-per-accident UI/UIM

coverage under policy Nos. 947, 955 and 963.  The record reflects that had Asia elected to increase

its UI/UIM coverage to match its liability limit of $1 million, John Deere would have charged Asia

annual UI/UIM premiums of $92 per vehicle.

	On June 6, 1996, John Deere cancelled policy No. 963 for nonpayment of premiums.  On

March 1, 1996, however, while policy No. 963 was still in effect, Asia employee Lee was fatally injured after being pinned between a private automobile and an Asia delivery truck.  The at-fault

driver, whose Safeway Insurance policy had a $20,000-per-person liability limit, was underinsured.

	On April 3, 1996, Lee's estate made a claim for underinsured motorist coverage under

renewal policy No. 963, which was in effect on the date of Lee's accident.  On April 18, 1996,

predicated  on the difference between the at-fault driver's $20,000 liability limit and Asia's $40,000-

per-accident UIM limit, John Deere offered to pay Lee's estate $20,000 in UIM benefits.  Lee's estate

declined the offer and filed this declaratory judgment action against John Deere.

	Lee moved for summary judgment on the issue of coverage, arguing that John Deere violated section 143a-2(2) by failing to include a space for the applicant's selection or rejection of increased

UM/UIM coverage limits on the NFTA form.  Consequently, Lee argued, John Deere's use of the

separate selection/rejection form also violated section 143a-2(2) and was ineffective.  Lee further

argued that the trial court should reform the policy in accordance with section 143a-2(1) and increase

the $40,000-per-accident UM/UIM limit to match the stated $1 million liability limit.  

	On April 30, 1999, after hearing oral argument on Lee's motion, the trial court found that

Asia's coverage under policy No. 963  was bound before John Deere requested that Asia execute the

selection/rejection form.  The trial court then ruled:

		"THE COURT:          I'm entering summary judgment in favor of [Lee].  I'm

basing that on [section] 143a-2 [of the Illinois Insurance Code].  There was no

signature or initial on the application form to indicate rejection, and I just don't have

it in front of me.  I'm basing it on the statute.

	* * *

		The next step for me, the cases talk about me reforming the policy to give the

insured the amount of coverage that [the insured] would have had under the bodily

injury section.

		MS. SCHREIBER:	The statute itself speaks to the maximum bodily injury.

		THE COURT:	Yes, it does.  That is how much?

		MS SCHREIBER:	One million dollars.

		THE COURT:          Now, what am I supposed to do -- I'll reform the

	contract, if you will, to give Mr. Lin this one million dollars in coverage, but what's

the next step?  Because counsel said to me we've got an arbitration issue here.

		MS. SCHREIBER:	Then you go to arbitration.

		THE COURT:	Okay, that's not for me.

		MS. SCHREIBER:	Right. 

		THE COURT:	Thank you."            

The trial court did not address the validity or effect of John Deere's use of the selection/rejection

form.  This appeal followed.

ANALYSIS 

		"This court reviews the trial court's award of summary judgment de novo.  [Citation.]  Summary judgment is proper where the pleadings and other materials on

file, when viewed in the light most favorable to the nonmoving party, show that there

is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.  [Citation.]  Moreover, summary judgment is a drastic

remedy that should be allowed only when the right of the moving party is clear and

free from doubt."  American Service Insurance Co. v. Passarelli, 323 Ill. App. 3d 587, 589 (2001).

The interpretation of a statute is a question of law properly decided on summary judgment.  In re Estate of Romanowski, 329 Ill. App. 3d 769, 772-73 (2002).  "When construing the meaning of a disputed statute, this court's primary objective is to ascertain and give effect to the intent of the

legislature.  [Citation.]  Legislative intent is best determined by examining the statutory language,

which must be given its plain and ordinary meaning."  Lucas v. Lakin, 175 Ill. 2d 166, 171 (1997).  "Where clear and unambiguous, statutory language must be enforced as enacted, and a court may not

depart from its plain language by reading into it exceptions, limitations, or conditions not expressed

by the legislature.  [Citation.]  Moreover, where language is express and plain, a court must not

search for subtle intentions of the legislature."  People ex rel. Devine v. $30,700.00 United States Currency,  199 Ill. 2d 142, 150-51 (2002).  

	Lee argues that John Deere violated section 143a-2(2) by failing to include a space for the

applicant's selection or rejection of increased UM/UIM coverage limits on the NFTA form.  Lee

concludes that John Deere's use of the separate selection/rejection form also violated section 143a-

2(2) and was thus ineffective, requiring the trial court to reform policy No. 963 by increasing the

stated $40,000-per-accident UM/UIM coverage to match the $1 million bodily injury liability limit.

	John Deere responds that the separate selection/rejection form was part of an "ongoing

application process" and that providing a space on the selection/rejection form for the applicant's signature satisfied the requirements of section 143a-2(2).  John Deere further argues that the DOI's

approval of the selection/rejection form renders that form presumptively valid under the statute.  

	A brief analysis exposes both the circuit court's reading of section 143a-2 and the parties'

arguments before this court as fundamentally flawed.  Section 143a-2 provides in relevant part:

		"(1) Additional uninsured motor vehicle coverage.  No [motor vehicle liability policy] *** shall be renewed or delivered or issued for delivery in this State

*** unless uninsured motorist coverage as required in Section 143a of this Code is included in an amount equal to the insured's bodily injury liability limits unless

specifically rejected by the insured.  Each insurance company providing the coverage

must provide applicants with a brief description of the coverage and advise them of

their right to reject the coverage in excess of the limits set forth in Section 7-203 of

the Illinois Vehicle Code.  The provisions of this amendatory Act of 1990 apply to

policies of insurance applied for after June 30, 1991.   

		(2) Right of rejection of additional uninsured motorist coverage.  After June 30, 1991, every application for motor vehicle coverage must contain a space for

indicating the rejection of additional uninsured motorist coverage.  No rejection of that coverage may be effective unless the applicant signs or initials the indication of rejection."  (Emphasis added.)  215 ILCS 5/143a-2(1), (2) (West 1992).  

	We find section 143a-2 to be unambiguous.  As such, the statutory language must be "given

its plain and ordinary meaning."  Lucas, 175 Ill. 2d at 171.  An "uninsured" motor vehicle is simply one that is "not insured."  Webster's Third New International Dictionary 2499 (1986).  An "underinsured" motor vehicle, on the other hand, is defined in section 143a-2(4) as one "for which

the sum of the limits of liability under all bodily injury liability insurance policies *** applicable to

the driver *** is less than the limits for underinsured coverage provided the insured as defined in

the policy at the time of the accident."  215 ILCS 5/143a-2(4) (West 1992).  

	"Uninsured" and "underinsured" are inarguably different terms with particular meanings.  It

is axiomatic that the legislature intends different results when it uses certain words in one instance

and different words in another.  Carver v. Bond/Fayette/Effingham Regional Board of School Trustees, 146 Ill. 2d 347, 353 (1992).  By its plain language, the requirements of section 143a-2(2) with respect to providing space on applications for rejection of additional coverage and imposing

a signature requirement for effective rejection apply only to uninsured motorist (UM) coverage. 

Section 143a-2(2) is devoid of similar limitations with respect to underinsured motorist (UIM)

coverage.  We refuse to read into a statute a limitation that the legislature has not seen fit to provide.  $30,700.00 United States Currency, 199 Ill. 2d at 151-52.  Because Lee's claim against John Deere was for UIM coverage, the application and signature requirements of section 143a-2(2) were both

inapplicable and irrelevant.  215 ILCS 5/143a-2(2) (West 1992).  Thus, the trial court misapplied

section 143a-2(2) and erred as a matter of law both in granting summary judgment in favor of Lee

and in reforming the UIM coverage limits in policy No. 963.

	Due to the nature of Lee's claim, the parties' arguments with respect to UM coverage are

collateral to the disposition of this appeal.  This court will not issue an advisory opinion "merely to

set precedent or guide future litigation."  Segers v. Industrial Comm'n, 191 Ill. 2d 421, 428 (2000).  Thus, we decline to address John Deere's arguments with respect to the selection/rejection form or the effect of the DOI's approval of that form.

	We are aware of cases failing to distinguish between UM and UIM coverage for purposes of 

section 143a-2(2).  See Isaacson v. Country Mutual Insurance Co., 328 Ill. App. 3d 982, 983, 985 (3d Dist. 2002) (referring to uninsured and underinsured motorist coverage as "collectively UM,"

then applying the application and signature requirements of section 143a-2(2) to "UM" coverage); Wood v. National Liability & Fire Insurance Co., 324 Ill. App. 3d 583, 586 (2d Dist. 2001) (distinguishing between UM and UIM coverage but applying application and signature requirements

of section 143a-2(2) to both).  These cases clearly fueled the parties' arguments before this court; however,   b Because these cases are contrary to the plain language of section 143a-2(2), we reject them

as a matter of law and decline to adopt their respective analyses of the Illinois Insurance Code.

CONCLUSION

	For the foregoing reasons, the order of the circuit court granting summary judgment in favor of Lee and reforming policy No. 963 is reversed and the cause is remanded for further proceedings

consistent with this opinion.

	Reversed and remanded.

	GORDON, P.J., and McNULTY, J., concur.

	GORDON