Columbia Mutual Insurance Co. v. Herrin

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2012 IL App (5th) 100037
Decision Date: 
Thursday, January 12, 2012
District: 
5th Dist.
Division/County: 
Saline Co.
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Justice: 
GOLDENHERSH
(Court opinion corrected 1/19/12.) Vehicle was struck by underinsured motorist who failed to stop at intersection. After consolidated bench trial, court ordered distribution of UIM-motorist proceeds. Court erred in applying ratio method of distribution without considering the amounts of UIM coverage which vehicle occupants had available exclusively to them before dividing up host vehicle's UIM coverage. Court was within its discretion in using as valuations for each person's injuries the amounts set during prior bench trial which distributed bodily injury liability proceeds from at-fault driver's policy. (WELCH and WEXSTTEN, concurring.)