State Farm Mutual Automobile Insurance Company v. McFadden

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (2d) 120272
Decision Date: 
October 31, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
JORGENSEN
Holding: 
Affirmed.
Insureds, injured in auto accident, sought underinsured motorist (UIM) coverage from their insurer. Insurer properly denied coverage, based on express "antistacking" language in policies prohibiting aggregation, or "stacking", of insured's five policies with insurer to provide total underinsured coverage in excess of amount set forth in single policy with highest policy limit of $100,000. Thus, $100,000 UIM coverage, when offset by tortfeasor's $250,000 policy limit, resulted in no UIM coverage. (HUDSON and BIRKETT, concurring.)