Niekamp v. Allstate Insurance

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

In a declaratory judgment action, plaintiff seeks construction of an “Uninsured Motorist” coverage clause in a policy of insurance issued by defendant, Allstate Insurance Company, to plaintiff. In a non-jury trial, and on a stipulation of facts, judgment was entered for defendant, and plaintiff appeals.

The question presented is whether defendant is entitled to credit against its liability, workmen’s compensation benefits received by plaintiff, which plaintiff will be required, by law, to repay out of the proceeds of a prospective…