Smiley v. Estate of Toney

The issue in this case, which is here on leave granted to appeal from a decision of the Appellate Court, Second District (100 Ill. App. 2d 271), involves the construction of the “uninsured motorist”, provision of the Illinois Insurance Code. Ill. Rev. Stat. 1963, ch. 73, par. 755a.

The issue, arose in this way. Roy Smiley was a passenger in Byron Emanuel’s car when it was struck by a car negligently driven by Charles Toney. The plaintiffs in this action are Smiley and the administrator of Emanuel’s estate, and the primary defendant was the administrator of Toney’s estate. A jury returned a…