King v. Allstate Insurance

PRESIDING JUSTICE HOFFMAN

delivered the opinion of the court:

The plaintiff, Stanley King, appeals from an order granting summary judgment in favor of the defendant, Allstate Insurance Company, on his complaint for declaratory judgment. We consider whether it violates the public policy of Illinois to allow the defendant to set off the amounts the plaintiff received from the policies of an insured motorist and an underinsured motorist against the plaintiff’s underinsured motorist coverage. For the following reasons, we reverse and remand.

The plaintiff was injured when he was involved in a…