Plaintiff and her daughter were in auto accident after their vehicle was struck by drunk driver; daughter died in accident, and Plaintiff was severely injured. Drunk driver was covered under insurance policy with limits of $100,000 per person and $300,000 per occurrence. Plaintiff was covered under personal auto policy with underinsured (UIM) liability limits of $50,000 per person and $100,000 per occurrence. As other driver's coverage was not less than limit of liability under Plaintiff's policy, other driver's vehicle was not an "underinsured motor vehicle. Thus, Plaintiff's insurer is not obligated to pay Plaintiff UIM coverage because Plaintiff and her daughter's estate each received coverage under other driver's policy ($100,000) that is greater amount than limits of Plaintiff's own policy ($50,000). (WELCH, concurring; GOLDENHERSH, dissenting.)
Illinois Appellate Court
Civil Court
Insurance