Illinois Emcasco Insurance Company v. Tufano

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2016 IL App (1st) 151196
Decision Date: 
Thursday, September 8, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Vacated and remanded with instructions.
Justice: 
ELLIS

Defendant was passenger in car that collided with another car, and suffered significant, permanent injuries that she valued in millions of dollars. On remand, court to enter summary judgment for Defendant on question of liability. On question of damages, Defendant is entitled to no more than $500,000 policy limit from her own underinsured motorist coverage. Because Defendant's actual damages have not been determined, and to prevent her from obtaining double recovery, court must conduct hearing to determine extent of her damages and whether they exceed what the 2 drivers have already paid her. To the extent they do, Defendant will be entitled to recovery from her own underinsured motorist coverage up to $500,000 combined single limit.(HOWSE and COBBS, concurring.)