Plaintiff was injured in auto accident involving an underinsured motorist. He settled with owner of underinsured vehicle for full limits of that owner's liability policy, and also received workers' compensation benefits. Plaintiff's own insurance policy provided $500,000 of uninsured motorist coverage. Policy stated that when an accident involves an uninsured vehicle, damages payable will be reduced by all amounts paid by or on behalf of the owner or operator of the uninsured auto or anyone else responsible, including all sums paid under "this or any other auto insurance policy." Policy explicitly includes underinsured vehicles in its definition of uninsured vehicles. The legislature only intended for underinsured motorist coverage to take care of the difference between a claim and the amount available from the underinsured motorist. Insurer paid Plaintiff the amount which filled the gap between his arbitration award and the amounts he received from the underinsured motorist and his workers' compensation payments. As no set of facts can be proved that would entitle Plaintiff to a recovery, court properly granted insurer's section 2-615 motion to dismiss. (CUNNINGHAM and CONNORS, concurring.)
Illinois Appellate Court
Civil Court
Declaratory Actions