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FULLER v. AMERICAN STANDARD INS. CO.

No. 5-02-0478.

802 N.E.2d 821 (2003)

343 Ill. App.3d 759

280 Ill.Dec. 570

Gary FULLER and Doree Fuller, Plaintiffs-Appellants, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted October 21, 2003.

Opinion Filed October 21, 2003.

Rehearing Denied November 21, 2003.

Attorney(s) appearing for the Case

Mark C. Scoggins, Clay B. St. Clair, Crowder & Scoggins, Ltd., Columbia, for Appellants.

Beth C. Boggs, Boggs, Boggs & Bates, L.L.C., St., Louis, MO, for Appellee.

Justice MAAG delivered the opinion of the court:

The plaintiffs, Gary and Doree Fuller, were involved in an automobile accident with an underinsured driver on September 18, 1997, wherein Gary sustained personal injuries. The injuries were caused by the underinsured driver's negligence. It is undisputed that the insurer for the underinsured driver paid to the plaintiffs the limits of the bodily injury liability coverage afforded under that policy. The plaintiffs then...

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