Erie Insurance Exchange v. Triana
Illinois Appellate Court
Civil Court
Insurance
Declaratory Actions
Driver and passenger injured in auto accident in Galena with underinsured motorist. Summary judgment for UIM insurer proper, where trial court found setoff provisions of policy not ambiguous, and only $100,000 in total UIM benefits remained for all defendant after setoff by $200,000 total paid to both by other driver's insurer. UIM split limits of $300,000 per person/$300,000 per accident, but with setoff provision that these limits would be set off by aggregate amount paid by tortfeasor.