State Farm Mut. Auto. Ins. Co. v. Burke

2016 IL App (2d) 150462 (Ill. App., 2016)

Words & Phrases

Choice Of Law

Trial Judge

Bonnie Wheaton

Appellate Judge

Birkett

Holding

Policy's out-of-state choice of law provision upheld.

Fact Summary

Illinois couple had auto supplied by the husband’s employer located in Michigan. The auto was registered in Michigan and covered by the employer’s auto policy, which contained a Michigan choice of law clause. The Michigan policy did not have to conform to Illinois statutory requirements for UM coverage because the policy was not delivered in Illinois. However, the issuer of the Michigan policy waived its coverage defenses under the Michigan UM endorsement when it wrote to the Illinois couple that it was “granting coverage.”

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