Wehrle v. Cincinnati Ins. Co.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-3052
Decision Date: 
July 8, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in granting defendant-insurance company’s motion for summary judgment in action by plaintiffs-insureds seeking declaration that policy issued by defendant for underinsured-motorist coverage precluded defendant for deducting $200,000 that plaintiffs had received from at-fault third-party’s insurance company from $1 million in under-insured motorist proceeds provided in defendant’s policy, where plaintiff’s total losses exceeded $2.2 million. While plaintiff’s argued that instant $200,000 should have been applied to their total losses before determining any deduction from instant $1 million cap, language of instant policy required that $200,000 be deducted from $1 million cap on applicable under-insured motorist coverage.