Cummins v. Country Mutual Insurance

Plaintiff, Craig Cummins, filed suit in the circuit court of St. Clair County to recover underinsuredmotorist benefits from defendant, Country Mutual Insurance Company (Country Mutual). Country Mutual filed a motion to dismiss plaintiff’s complaint contending that the liable driver’s vehicle was not underinsured, as defined in the Illinois Insurance Code, because the driver carried liability limits which were equal to the limits of plaintiff’s underinsured-motorist coverage. The trial court granted defendant’s motion to dismiss, and plaintiff appealed. The appellate court reversed and…