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Articles Posted in Uninsured/Underinsured Motorist Claims

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Illinois Appellate Court Spells Out Significance of Attorney-Client Contingency Contract in Uninsured or Underinsured Motorist Claims

The defendant attorney appealed from a Circuit Court order that reduced his contingent fee for legal representation in a motor-vehicle settlement case. The order had been entered in McDonough County, Ill. The plaintiff, the injured party, William K. Kelso, deceased, by his wife and executor, cross-appealed, arguing that the defendant…

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Illinois Appellate Court Dismisses Appeal on Underinsured Motorist Common Fund Lawsuit

Donald Waterhouse made a claim for $100,000 in underinsured motorist coverage from State Farm Mutual Automobile Insurance Co. for the injuries he suffered in a car crash caused by George D. Robinson. Robinson was insured by State Farm, which settled Waterhouse’s negligence case for his $50,000 policy limit. The common…

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Car Rental Company Found Not Liable in Fatal Car Crash

The Illinois Appellate Court has found that a rental car company, Enterprise Leasing, and the driver who rented the vehicle from it are not liable for a deadly drunken driving incident involving the rental car and the driver who was not the customer. The Illinois First District Appellate Court dismissed…

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Illinois Appellate Court Decides Insurance Policy Application in Serious Car Crash Case

Marilyn Bowers was seriously injured when she was standing at a convenience store and an underinsured motorist drove into the building, seriously injuring her. Bowers and her husband were named insureds under an auto policy that General Casualty Insurance Co. issued for their three vehicles. Each vehicle was listed on…

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U.S. Court of Appeals Rejects Windfall for Injured in Car Crash

Deanne Berrey was working for Curry Ice when she was injured in a car accident caused by Sheri Campbell who only had $100,000 in liability insurance coverage. Berrey sued Campbell and also collected $103,224 in worker’s compensation benefits. In addition, Berrey claimed underinsured-motorist benefits under a $1 million policy that…

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Illinois Appellate Court Finds That Rental Car Companies Must Be Treated No Differently Than Any Other Self-Insured Entity

In Illinois, the Illinois Vehicle Code Section 9-101 requires that an entity may only engage in the business of renting out motor vehicles if it first provides the Illinois Secretary of State with proof of its financial responsibility. The purpose of the requirement is to provide the public with protection…

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Illinois Appellate Courts Holds that Umbrella Policies not Required by Either Public Policy or Statutory Requirement to Provide Underinsured Motorist Coverage

Mei Pang was a passenger in a car driven by Ingrid Chan in January 2002 when a crash occurred between Chan’s car and another vehicle driven by Donald McGinnis. Pang was injured severely. McGinnis’s insurer paid Pang $100,000 to settle her personal injury lawsuit and claim. Chan was insured by…

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Illinois Appellate Court Reverses Cook County Circuit Court on Underinsured Motorist Compensation Case

On Aug. 10, 2009, Dolores Trujillo was a passenger in a vehicle driven by Adam Delgado.The Delgado vehicle was involved in a collision.  Allstate Property and Casualty Insurance insured Delgado and his car.  The other car involved in the collision was insured by American Access Insurance Co. Trujillo settled her…

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