Progressive Insurance Co. v. Simmons

OPINION

BRYNER, Justice.

I. INTRODUCTION

In this appeal, we must decide whether recent statutory amendments expanding the scope of underinsured motorist coverage also impliedly repealed a facially unaltered statutory definition of “underinsured motor vehicle,” which narrowly restricts the circumstances triggering underinsured motorist coverage. We conclude that implied repeal must be found.

II. FACTS AND PROCEEDINGS

The parties do not dispute the relevant facts. Fifteen-year-old Teisha Simmons suffered serious injuries in a single-car accident near Galena in 1992; Simmons was a passenger at the…