Illinois Farmers Insurance v. Marchwiany

Chief Justice Thomas and Justices Freeman, Fitzgeraid, Garman, and Karmeier concurred in the judgment and opinion.

Justice Burke took no part in the decision.

OPINION

In this case, we construe the underinsured-motorist coverage provisions of an automobile insurance policy to determine whether the “per-person” limit of liability, the “per-occurrence” limit, or both limits, apply to an accident involving bodily injury to only one person insured under the policy. As a result of a fatal accident, the insured’s family members asserted derivative claims. The circuit court of Cook County granted the…