Little v. Economy Preferred Insurance

JUSTICE MAAG,

specially concurring:

Section 2—1116 of the Code of Civil Procedure provides that "[t]he plaintiff shall be barred from recovering damages” if the plaintiff is more than 50% at fault. (Emphasis added.) 735 ILCS 5/2—1116 (West 1992). The insurance policy at issue obligates the insurer to pay "all sums the insured is legally entitled to recover” from the owner or driver of the underinsured vehicle. (Emphasis added.) Our supreme court has defined the phrase legally entitled to recover to mean that a claimant must be able to prove the elements of her claim to be entitled to recover…