ROBERTS v. COUNTRY MUT. INS. CO.

No. 3-91-0597.

596 N.E.2d 185 (1992)

231 Ill. App.3d 713

172 Ill.Dec. 906

James ROBERTS, a Minor, by Cheryl Roberts, his Mother and Next Friend, and Cheryl Roberts and James Roberts, Plaintiffs-Appellees, v. COUNTRY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Third District.

July 9, 1992.


Attorney(s) appearing for the Case

Gary D. Nelson (argued), Heyl, Royster, Voelker & Allen, Karen L. Kendall, Timothy D. Seifert, Peoria, for Country Mut. Ins. Co.

Gary Clark (argued), Nessler, Clark & Shay, Peoria, for James Roberts.


Justice GORMAN delivered the opinion of the court:

This action was brought by plaintiffs to recover under an insurance policy issued to them by defendant. On a motion for summary judgment, the trial court determined that the uninsured all-terrain vehicle (ATV) on which minor plaintiff was a passenger was covered as an uninsured motor vehicle under the policy and that defendant could not set off medical payments made against amounts payable under plaintiffs' uninsured...

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