CUMMINS v. COUNTRY MUT. INS. CO.

No. 5-94-0821.

666 N.E.2d 909 (1996)

281 Ill. App.3d 5

217 Ill.Dec. 240

Craig CUMMINS, Plaintiff-Appellant, v. COUNTRY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

June 12, 1996.


Attorney(s) appearing for the Case

Michael B. Marker, Carr, Korein, Tillery, Kunin, Montroy & Glass, East St. Louis, for Appellant.

Kenneth W. Blan, Jr., Blan Law Offices, Danville, for Amicus Curiae.

Stephen C. Mudge, Mitchell B. Stoddard, Reed, Armstrong, Gorman, Coffey, Gilbert & Mudge, P.C., Edwardsville, for Appellee.


Justice GOLDENHERSH delivered the opinion of the court:

Plaintiff, Craig Cummins, filed suit in the circuit court of St. Clair County to recover underinsured motorist benefits from defendant, Country Mutual Insurance Company. Defendant filed a motion to dismiss plaintiff's complaint on the grounds that the at-fault driver's vehicle was not "underinsured." The trial court ultimately granted defendant's motion, and plaintiff...

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