Illinois Appellate Court
Civil Court
Insurance
Plaintiff demanded underinsured (UIM) benefits by mother, on behalf of her daughter, who was driving a motorcycle and was struck by rural mail carrier. Where by payment of $49,900, U.S. extinguished all liability in conjunction with the accident, daughter's insurer is not entitled to UIM setoff in that amount. Mail carrier's insurer paid his $25,000 policy limit for his single limit policy. Plaintiff is entitled to recover $75,000 of the $100,000 under the UIM coverage provided by daughter's insurer, and that insurer cannot deduct the amount paid by the U.S.to extinguish its liability.(SCHWARM and CATES, concurring.)