Schultz v. Illinois Farmers Insurance Company

Illinois Supreme Court
Civil Court
Insurance
Citation
Case Number: 
No. 108038
Decision Date: 
Thursday, March 18, 2010
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court affirmed.
Justice: 
KARMEIER
Statutory requirement of Illinois Insurance Code that "permissive users" shall be covered for underinsured motorist (UIM) coverage includes not only permissive drivers, but permissive occupants of vehicle. Provision of insurance policy which excludes occupants from UIM coverage is contrary to public policy, thus void and unenforceable. Insurers cannot define insureds for UIM purposes differently than for purposes of liability and uninsured motorist (UM) coverage.