Greenawalt v. State Farm Insurance

PRESIDING JUSTICE MANNING,

dissenting:

Defendant filed a motion for judgment on the pleadings, arguing that pursuant to its insurance policy, any amount recovered by plaintiff “from or on behalf of a person legally liable for personal injuries” was to be set off against the liability limits of the uninsured motorist provision. Because the liability limit was $100,000, and plaintiff had already received that amount from Anderson’s insurer, defendant had no contractual liability whatsoever to plaintiff.

It is well settled that a motion for judgment on the pleadings raises the question of the…