Pekin Ins. Co. v. Estate of Goben

The plaintiff, Pekin Insurance Company (Pekin), filed a complaint for declaratory judgment against the defendant, the estate of Robin M. Goben, deceased (Estate), seeking a declaration that Robin did not qualify as an insured under the automobile liability policy issued to the partnership of Gary Whitlock and Frank Goben, doing business as Freedom Heating & Air Conditioning Company (the Company). The trial court entered summary judgment in favor of the Estate and against Pekin, finding that the Pekin policy provided underinsuredmotorist coverage to the Estate and that such coverage could be…