Kahn v. Aetna Casualty & Surety Co.

Defendant, the Aetna Casualty and Surety Company, issued an automobile insurance policy to plaintiff Hope Hughes. Hughes and a passenger were subsequently involved in an automobile accident. Hughes and the other plaintiff, Paula Kahn, administrator of the passenger’s estate, claimed benefits pursuant to the underinsured motorist provision of the policy.

Plaintiffs then brought this declaratory judgment action in the circuit court of Cook County against Aetna. Plaintiffs sought a declaration that the policy’s underinsured motorist coverage extended to the insured’s total damages, reduced by any…