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PAHN v. STATE FARM MUT. AUTO. INS. CO.

No. 1-96-4352.

683 N.E.2d 972 (1997)

291 Ill. App.3d 343

225 Ill.Dec. 469

Young PAHN, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

August 7, 1997.

Attorney(s) appearing for the Case

Topper and Weiss, Ltd. (Sherwin Greenberg, of counsel), Chicago, for plaintiff-appellant.

Frank C. Stevens, Taylor, Miller, Sprowl, Hoffnagle & Merletti, Chicago, for defendant-appellee.

Presiding Justice WOLFSON delivered the opinion of the court:

The question we are asked to resolve is whether an insurance company is entitled to enforce a provision of its policy which prohibits recovery of underinsured motorist benefits (UIM) when uninsured motorist benefits (UM) have been recovered for the same accident and on the same policy by the same person.

Plaintiff Young Pahn brought a declaratory judgment action seeking a declaration that she was...

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