Sherrod v. Esurance Ins. Services, Inc.

2016 IL App (5th) 150083 (Ill. App., 2016)

Words & Phrases

Underinsured Motorist Coverage: Limits

Trial Judge

Richard A. Aguirre

Appellate Judge

Schwarm

Holding

UIM coverage did not apply where tortfeasor's limits of liabiity were greater than insured's UIM coverage.

Fact Summary

The defendant, Esurance Insurance Services, Inc. (Esurance), appeals from an order of the circuit court of St. Clair County entering summary judgment in favor of the plaintiff, Apryl Sherrod, after the parties filed cross-motions for summary judgment. The trial court determined that the plaintiff and the estate of the deceased daughter were entitled to the underinsured motorist limits under the plaintiff’s Esurance policy in excess to the bodily injury liability limits the plaintiff and the estate of the plaintiff’s deceased daughter recovered under the at-fault driver’s separate automobile insurance policy, despite the fact that the at-fault driver’s bodily injury liability limits exceeded the plaintiff’s underinsured motorist coverage limits. Specifically, the trial court found an ambiguity in the Esurance policy’s “Other Insurance” clause, which it held must be construed in favor of coverage. We reverse and remand.

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