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McKINNEY v. AMERICAN STANDARD INS. CO.

No. 3-97-0252.

694 N.E.2d 200 (1998)

296 Ill. App.3d 97

230 Ill.Dec. 569

William J. McKINNEY, Individually and as Special Administrator of the Estates of Ann McKinney, deceased and Baby Boy McKinney, deceased, Plaintiff-Appellant, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN and American Family Mutual Insurance Company, foreign corporations, Defendants-Appellees.

Appellate Court of Illinois, Third District.

April 14, 1998.

Attorney(s) appearing for the Case

Stuart R. Lefstein (argued), Dale G. Haake, Katz, McAndrews, Balch, Lefstein & Fieweger, P.C., Rock Island, for William J. McKinney.

Richard S. Porter (argued), Hinshaw & Culbertson, Rockford, Bruce L. Carmen, Hinshaw & Culbertson, Chicago, for American Family Mutual Insurance Co. and American Standard Ins. Co. of Wisconsin.

Justice BRESLIN delivered the opinion of the court:

We are asked to determine whether an underinsured motorist (UIM) endorsement allows recovery when the insured recovered less than the damages he was legally entitled to recover from the tortfeasor's insurer, but more than the limits of recovery under his underinsured motorist endorsement. Plaintiff William McKinney contends that under the underinsured motorist clause in his American Standard Insurance (American)...

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