Illinois Court on Distribution of Underinsured-Motorist Proceeds


Sometimes, in the aftermath of a tragic car accident, it is discovered that one of the vehicles involved in the accident was carrying little or no automobile insurance. When that happens, automobile passengers injured in the accident can sometimes seek to recover underinsured-motorist proceeds from their own insurer in order to receive sufficient compensation for their injuries.

In Columbia Mutual Insurance Company v. Herrin, No. 5–10–0037, the Appellate Court of Illinois was faced with that situation and was tasked with assessing the amounts of underinsured-motorist proceeds that each person injured in an accident could recover from their respective insurance company.

The automobile accident in this case wasven by one of the boy’s mothers when they were hit by a truck after the driver of the truck failed to stop at an intersection. One of the teenage boys was killed and the other 3 people in the car were seriously injured.

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