Fuoss v. Auto Owners (Mutual) Insurance Co.

The plaintiff, Edward K. Fuoss, appeals from a grant of summary judgment by the circuit court of Madison County in favor of defendants, Auto Owners (Mutual) Insurance Company (Auto Owners) and Van’s Insurance Agency (Van’s). Fuoss’ complaint was based on the defendants’ alleged failure, in violation of section 143a— 2 of the Illinois Insurance Code (Ill. Rev. Stat. 1981, ch. 73, par. 755a — 2(3)), to offer underinsured motor vehicle coverage as part of his automobile insurance policy. The statute in question states that: “Any offer made [to purchase insurance] under *** this Section shall…