Pritza v. The Village of Lansing

Village police officer filed declaratory judgment action for reformation of policy issued by defendant IMLRMA to Village to include underinsured motorist coverage. Officer was injured when struck by carjacker driving vehicle insured by State Farm, which denied coverage because carjacker was not a permissive user. Court found that vehicle was not uninsured, and because this was a declaratory judgment which fixed absolutely the rights on claim for uninsured motorist coverage, it was final within its own language and appealable within 30 days. Village, as a self-insurer, and IMLRMA, as a municipal risk management pool for such municipal self-insurers, are not required to provide underinsured motorist coverage, and are not subject to punitive damages and attorney fees under Section 155 of Insurance Code. (FITZGERALD SMITH and HOWSE, concurring.)