Pang v. Farmers Insurance Group

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 123204
Decision Date: 
Thursday, May 1, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
LAVIN
(Court opinion corrected 5/8/14.) Plaintiff, a permissive passenger, was injured in car accident.Plain meaning of driver's umbrella policy does not provide underinsured motorist (UIM) benefits to permissive passengers, but only to named insureds, persons related by blood, marriage, or adoption, or anyone under age 21 in care of insureds. Although primary auto liability policies must be all-encompassing, and cannot exclude permissive passengers for UIM coverage, coverage of umbrella policy is discretionary between insurer and insured. (HOWSE and FITZGERALD SMITH, concurring.)