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CUMMINS v. COUNTRY MUT. INS. CO.

No. 81455.

687 N.E.2d 1021 (1997)

178 Ill.2d 474

227 Ill.Dec. 539

Craig CUMMINS, Appellee, v. COUNTRY MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Illinois.

Rehearing Denied December 1, 1997.

Attorney(s) appearing for the Case

Stephen C. Mudge, Reed, Armstrong, Gorman, Coffey, Thomson, Gilbert & Mudge, P.C., Edwardsville, for Country Mutual Insurance Company.

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

Peter J. Valeta, Ross & Hardies, Chicago, for Amicus Curiae National Association of Independent Insurers.

Justice HARRISON delivered the judgment 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 (Country Mutual). Country Mutual filed a motion to dismiss plaintiff's complaint contending that the liable driver's vehicle was not underinsured, as defined in the Illinois Insurance Code, because the driver carried liability limits which were...

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