Monday, November 18th, 2002 — The Illinois Appellate Court has reversed a lower court ruling that allowed a plaintiff to collect on underinsured motorist coverage even though a policy option that offered the coverage had been rejected.
The case, according to a report from the National Association of Independent Insurers, involved the death of Tak Kwon Lee, a delivery truck driver for John Deere, who was killed in an accident by a driver that was underinsured. Lees estate sought underinsured motorist coverage through his employers insurer, the John Deere Insurance Company. Deere offered to pay the policy limit of $40,000, but the estate rejected the offer and filed suit asking the court to increase the coverage to the liability limit of $1 million.