Gean v. State Farm Mutual Automobile Insurance Co.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2019 IL App (1st) 180935
Decision Date: 
Thursday, July 25, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
LAVIN

(Court opinion corrected 8/22/19.) Plaintiff insured presented underinsured motorist (UIM) claims to insurer for damages he sustained in 2 car accidents. His claims were submitted to arbitration, and arbitrators entered awards in his favor. Insurer disputed the application of setoff provisions in his policy, claiming that policy provisions  permitted setoffs equal to the amounts Plaintiff recovered from the underinsured motorists and his policy to be applied against the arbitration awards. Plaintiff's policy adheres to the principles of public policy behind the UIM statute, and it does not permit a "double set-off".(MASON and HYMAN, concurring.)