Gean v. State Farm Mutual Automobile Insurance Company
2019 IL App (1st) 180935 (Ill. App., 2019)Words & Phrases
Underinsured Motorist Coverage: SetoffTrial Judge
Sophia H. HallAppellate Judge
LavinHolding
Insurer was entitled to setoff amounts that the insured recovered from the underinsured motorists and his insurance policy against arbitration awards for underinsured motorist coverage.Fact Summary
Joseph Gean, a policyholder, presented underinsured motorist claims to State Farm Mutual Automobile Insurance Company (State Farm) for damages he sustained in two car accidents. The claims were submitted to arbitration and the arbitrators entered awards in favor of Gean. When Gean sought confirmation of the awards, a dispute arose regarding the application of setoff provisions in his insurance policy. Specifically, State Farm claimed the provisions permitted setoffs equal to the amounts Gean recovered from the underinsured motorists and his insurance policy to be applied against the arbitration awards. The circuit court agreed and ultimately entered summary judgment in favor of State Farm. We affirm.