Worley v. Fender

Plaintiff, while driving a box truck during course and scope of his employment, was seriously injured in auto accident. Option form is not sufficient evidence that Plaintiff's employer effectively rejected the policy's bodily injury liability limits or effectively selected lower underinsured motorist (UIM) limits. Alleged rejection was not initialed by insured as required by preamended version of Section 143a2 of Insurance Code, and was not, per amended version of that Section, a written request for lower UIM coverage made by insured or applicant as required by statute. No arbitration is required as to Plaintiff's UIM motorist claim. Defendant's denial of UIM claim and delay was not vexatious or unreasonable. Box truck was not a "private passenger automobile" within meaning of Section 143.13a of Insurance Code. Thus, step-down limits of policy do not violate Illinois law or public policy. (CHAPMAN and CATES, concurring.)