THATCHER v. EICHELBERGER

No. 16810.

102 Ill. App.3d 231 (1981)

429 N.E.2d 1090

GLORIA W. THATCHER, Adm'r of the Estate of Anne S. Thatcher, Deceased, Plaintiff-Appellee, v. GARY L. EICHELBERGER et al., Defendants. — (STATE FARM FIRE AND CASUALTY COMPANY, Intervening Appellant.)

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing January 22, 1982.


Attorney(s) appearing for the Case

Hurshal C. Tummelson and Betsy Pendleton Wong, both of Phebus, Tummelson, Bryan & Knox, of Urbana, for appellant.

George Kaye, Ltd., of Paxton, for appellee.


Reversed and remanded.

JUSTICE TRAPP delivered the opinion of the court:

Two issues are presented: (1) Whether an insurer can be subrogated to the rights of its insured to the proceeds of a wrongful death action, where the insurer paid a claim to the insured under an uninsured motorist provision of an insurance policy; and (2) whether a settlement agreement between the parties is final prior to its execution. We conclude that the insurer is entitled to subrogation...

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