Hettenhausen v. Economy Fire & Casualty Co.

This appeal arises out of a declaratory judgment action instituted by plaintiff, Rebecca Hettenhausen, executor of the decedent’s estate, to determine whether the decedent is entitled to underinsured-motorist benefits under an insurance policy issued by defendant, Economy Fire & Casualty Company. The circuit court granted summary judgment in favor of plaintiff with respect to count I of her complaint and declared, at plaintiff’s request, that she had a right to settle with the underinsured motorist while defendant waived its subrogation rights. For the following reasons, we affirm the summary…