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Case Law Update: Insurance in Automobile Accidents

Erie Insurance Exchange v. Triana, Nos. 1-08-3310 (2-3-10) affirmed a decision ruling that a driver and a passenger who were in an automobile accident in Galena with an underinsured motorist should have been grated summary judgment. The summary judgment for the underinsured motorist was proper where the trial court found setoff provisions of the policy were not ambiguous; and only $100,000 in total UIM benefits remained for all defendant after setoff by $200,000 total paid to both by other driver’s insurer. Underinsured motorists split limits of $300,000 per person/$300,000 per accident, but with setoff provision that these limits would be set off by aggregate amount paid by tortfeasor. This case will impact automobile accident law.