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State Farm Mut. Auto. Ins. Co. v. Progressive Northern Ins. Co.

2015 IL App (1st) 140447 (Ill. App., 2015)

Words & Phrases

Underinsured Motorist Coverage: Definitions Insured

Trial Judge

Hon. Thomas Allen

Appellate Judge

Justice Gordon


Unmarried and unemancipated child away at school was an insured despite fact that he was not “residing primarily” with father and stepmother.

Fact Summary


State Farm brought a declaratory judgment action seeking a declaration that its underinsured motorist coverage did not cover Andrew Toig (Andrew) for injuries he sustained in an automobile accident while a student at Colorado College. Andrew had sought coverage pursuant to the State Farm auto policies held by his father, Randall Toig, and stepmother, Teri Zenner (collectively, the Toigs), and pursuant to a single Progressive policy held by Andrew’s mother, Allison Wines. The principal question before the appellate court is whether Andrew is a “relative,” as defined by the State Farm policies. The appellate court affirmed the trial court ruling that he was an insured.