Van driver employed by SCR to drive a Pace paramedical transport vehicle sustained personal injuries in collision with motorist he contends was underinsured. Plaintiff received $50,000 limit of other motorist's insurance coverage and $28,608 settlement in workers' compensation benefits from SCR, and requested UIM coverage from SCR's business auto liability insurer. Plaintiff is not a 3rd-party beneficiary of the SCR-Pace contract, and thus court properly dismissed Pace. Plaintiff has no valid cause of action against his employer's business auto liability insurer, as his receipt of $50,000 from other driver means Plaintiff did not have an accident with an "underinsured motor vehicle" as it is defined in that auto policy, and there is no public policy justification for reforming that policy. Thus, court properly dismissed auto insurer.(HOWSE and COBBS, concurring.)
Illinois Appellate Court
Civil Court
Insurance