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Case Law Update: Insurance and Illinois Car Accidents

The 4th District in The United Farm Family Mutual Insurance v. Frye, No. 4-07-0495 (April 21, 2008) Pike County (KNECHT) affirmed the trail court, holding because Indiana law applied to determine whether member of household exclusion in policy issued in Indiana to Indiana residents applies to preclude UIM coverage for claim by estate of husband against wife for death resulting from automobile accident in Illinois while wife was driving, trial court correctly entered declaratory judgment in favor of insurance company. Further, insurer is not estopped from raising policy defense by virtue of delay in filing declaratory judgment complaint.