Farmers Automobile Insurance Association v. Coulson 

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
No. 5-09-0273
Decision Date: 
Wednesday, July 7, 2010
District: 
5th Dist.
Division/County: 
Jackson Co.
Holding: 
Reversed and remanded.
Justice: 
WEXSTTEN
Farmers issued auto insurance policy containing UIM provision to stepfather of person woman injured when an underinsured vehicle drove into a Subway restaurant where she was sitting inside; she claimed damages in excess of $900,000. Farmers' UIM policy provision, which allowed it to set off the amounts paid by property owner and the franchisee, would violate Illinois public policy, as it is too broad a provision and is against what the legislature intended to be allowed to be deducted under Illinois Insurance Code. The maximum amount the injured party can recover under UIM coverage is the Farmers $300,000 per person UIM policy limit less the $24,000 paid by the driver's insurer. (GOLDENHERSH and SPOMER, concurring.)