¶1dissenting:
¶2I would not be persuaded to dissent if my only concern were with the result in this case, for that result is not totally devoid of appeal. My real problem arises from the fact that the majority opinion represents, in my judgment, a substantial departure from the underlying philosophy of Putnam v. New Amsterdam Casualty Co., 48 Ill.2d 71, and Ullman v. Wolverine Insurance Co., 48 Ill.2d 1, in which a majority of this court adhered to what I considered to be the normal meaning of the statutory and policy language, despite the presence of emotionally appealing reasons for a contrary result. Here, however, the majority opinion reverses the judgments of the appellate court for the Third District and the trial court by holding the insurance policy in this case provides coverage which the parties and the majority seem to concede to be excluded by the terms of the policy itself. This, to me, rather remarkable result is achieved by holding the policy terms contrary to the statutorily required coverage. With this result I cannot agree.
¶3I concur in the logic and reasoning of the appellate court. Additionally, I would point out that the legislative intent is manifest in the language used. The statute (Ill.Rev.Stat. 1969, ch. 73, par. 755a) speaks of coverage providing protection against damage from an “uninsured motor vehicle”. The majority somehow convert this plain statement to mean an “uninsured motorist”. There is a substantial difference, as is emphasized by the facts of this case.
¶4It is undisputed that La Salle’s policy specifically excluded damage in the operation of insured automobiles from its uninsured automobile coverage, and that plaintiff’s car was an insured automobile. It is to me clear that in enacting the statute before us the legislative focus was upon accidents involving more than one car, and the purpose was to provide protection against the ordinary situation involving damage resulting from collisions with other vehicles which were uninsured. The exclusion from the policy coverage of damage caused by the operation of insured automobiles was, clearly, not prohibited by the statute, and the terms of the contract between the insurer and its policyholder should be enforced.
¶5It seems to me that the majority opinion demonstrates a belief by those who join therein that the legislature should have reqired coverage in the situation presented here. Perhaps it should have. But it seems clear to me that the legislature did not do so, and I do not regard it as within the proper scope of the judicial function to disregard what I consider to be plain meaning of the language used in order to accomplish a result considered more desirable. Rather, we should exercise the commendable restraint demonstrated by the appellate court in its recognition of the desirability of broader coverage, but its decision that such change was properly a legislative matter.
¶6I would affirm the judgment of the appellate court.