Cummins v. Country Mutual Insurance

Plaintiff, Craig Cummins, filed suit in the circuit court of St. Clair County to recover underinsured motorist benefits from defendant, Country Mutual Insurance Company. Defendant filed a motion to dismiss plaintiff’s complaint on the grounds that the at-fault ■ driver’s vehicle was not "underinsured.” The trial court ultimately granted defendant’s motion, and plaintiff now appeals. The sole issue we are asked to consider is whether a beneficiary of an underinsured motorist policy can state a valid claim for such coverage when the at-fault motorist’s liability insurance, which has identical…