Unique Insurance Co. v. Tate

Insurance coverage matter arising out of an automobile collision. The insured’s vehicle was hit by a city ambulance that was found to be immune under the Local Government and Governmental Tort Immunity Act. The insured subsequently filed an uninsured motorist claim and the insurance company filed a declaratory judgment complaint on the basis that the city, a self-insured entity, did not meet the policy’s definition of an uninsured motorist. The circuit court found in favor of the insurer and the appellate court affirmed, finding that because the city vehicle was self-insured it did not meet the definition of an uninsured vehicle under the policy. The appellate court further found the insured’s argument that the vehicle was an underinsured vehicle was waived because it was raised for the first time on appeal. (DELORT and CUNNINGHAM, concurring)