Thounsavath v. State Farm Mutual Automobile Inc. Co.

This case presents question as to whether trial court properly denied defendant-insurance company’s motion for summary judgment in plaintiff insured’s action alleging that driver exclusion endorsement in policies issued to plaintiff by defendant violated both public policy and Underinsured Motorist Statute, where plaintiff sought underinsured coverage when she sustained injuries as passenger in vehicle driven by individual listed in exclusion endorsement. Appellate Court, in affirming trial court, found that although named driver exclusions are permitted in Illinois, named driver exclusion in plaintiff’s policy that barred underinsured coverage for plaintiff violated Illinois mandatory insurance requirements and Illinois public policy.