Scudella v. Illinois Farmers Insurance Co.

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Plaintiff appeals the. dismissal of his declaratory judgment action in an automobile insurance case. He raises as issues for our review whether: (1) workers’ compensation benefits and uninsured motorist payments may be set off against payments due under personal injury income continuation coverage; (2) underinsurance should have been offered and added to plaintiff’s coverage; and (3) his vexatious and unreasonable delay count was properly dismissed.

On September 17, 1980, plaintiff, a refuse collector, was struck while walking across…