COLUMBIA MUT. INS. CO. v. HERRIN

No. 5-10-0037.

965 N.E.2d 422 (2012)

358 Ill. Dec. 351

COLUMBIA MUTUAL INSURANCE COMPANY, Plaintiff, v. Dr. Roger HERRIN, Special Administrator of the Estate of Michael Herrin, Deceased, Katherine Duncan, Ross Duncan, and Jared Head, Encompass Insurance, Harrisburg Medical Center, Brian W. Bramlet, and Robert Bramlet, Defendants (Roger Herrin, Special Administrator of the Estate of Michael Herrin, Deceased, Counterplaintiff-Appellee, and Martha Head, as Mother and Next Friend of Jared Head, a Minor, and Martha Head and Wayne Head, Individually and as Parents of Jared Head, a Minor, Counterplaintiffs-Appellants, v. Columbia Mutual Insurance Company, Monroe Guaranty Insurance Company, and Encompass Insurance Company, Counterdefendants, and Katherine Duncan, Ross Duncan, and Russell Duncan, Counterdefendants-Appellants, and Roger Herrin, Special Administrator of the Estate of Michael Herrin, Deceased, Counterdefendant-Appellee).

Appellate Court of Illinois, Fifth District.

Rehearing Denied April 24, 2012.


Attorney(s) appearing for the Case

Douglas N. Dorris , Howerton, Dorris & Stone, Marion, attorney for Jared Head, Martha Head, Wayne Head.

Mark D. Prince , Prince Law Firm, Marion, attorney for Katherine Duncan, Ross Duncan, Russell Duncan.

James B. Bleyer , Bleyer & Bleyer, Marion, attorney for Brian Bramlet, Robert W. Bramlet.

John Womick , Womick Law Firm, Chtd., Herrin, attorney for Dr. Roger Herrin.


OPINION

Justice GOLDENHERSH delivered the judgment of the court, with opinion.

¶ 1 The instant appeal involves a dispute about the distribution of underinsured-motorist proceeds following a tragic accident involving a group of teenage boys who were riding together in a Jeep Cherokee being driven by one of the boys' mothers, Katherine Duncan. Defendants-counterplaintiffs, Jared Head, Martha Head and Wayne Head, individually and as parents of Jared Head...

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