HATHAWAY v. STANDARD MUT. INS. CO.

No. 5-95-0255.

673 N.E.2d 725 (1996)

285 Ill. App.3d 67

220 Ill.Dec. 581

Robert J. HATHAWAY, Administrator of the Estate of Rody Ray Hathaway, deceased, et al., Plaintiffs-Appellants, v. STANDARD MUTUAL INSURANCE COMPANY, et al., Defendants-Appellees (Jason M. Barton, Plaintiff; Blake E. Vaughn, et al., Defendants).

Appellate Court of Illinois, Fifth District.

November 22, 1996.


Attorney(s) appearing for the Case

Jon E. Rosenstengel, Bonifield & Rosenstengel, Belleville, Edward J. Kionka, Carbondale, M. Keith Smith, Mt. Vernon, for Plaintiffs-Appellants.

Michal Doerge, Jelliffe, Ferrell & Morris, Harrisburg, for Standard Mutual Insurance Company.

Robert Michael Drone, Conger & Elliott, Prof. Corp., Carmi, for Country Companies Insurance Company.


Justice CHAPMAN delivered the opinion of the court:

Several times in recent years this court has ruled on the recoverability of underinsured motorist benefits when multiple claimants exhaust the coverage of the underinsured vehicle. See Golladay v. Allied American Insurance Co., 271 Ill.App.3d 465, 207 Ill.Dec. 701, 648 N.E.2d 157 (1st Dist...

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