Swan v. Country Mutual Insurance

Plaintiff Thomas Swan filed a declaratory judgment action against defendant Country Mutual Insurance Company, d/b/a Country Companies, seeking a determination of the rights and liabilities of the parties under the uninsured motorist coverage of his automobile liability policy. On defendant’s motion, the circuit court dismissed plaintiff’s first amended complaint with prejudice, based on the contractual provisions of plaintiffs insurance policy. Plaintiff contends on appeal that this coverage should apply to his personal injury claim where there is independent, corroborating evidence of an…