Fuoss v. Auto Ownersins. Co‪.‬

Rehearing denied November 7, 1986. Plaintiff appeals two summary judgments entered in favor of defendant Auto Owners (Mutual) Insurance Company (Auto Owners), and defendant Van's Insurance Agency, Inc. (Van's). These judgments concluded plaintiff's action for damages for personal injuries he had suffered as a result of an automobile collision with Toni Kerr in rural Champaign County. Plaintiff's complaint was in two counts but was later amended to add a third count. Count I was against Toni Kerr. That count was subsequently settled for $100,000, the maximum amount of bodily injury insurance coverage that was afforded by the policy pertaining to the car driven by Kerr. Count II of plaintiff's complaint was a declaratory judgment action directed at Auto Owners. It charged that plaintiff was damaged by reason of not having underinsurance coverage under a policy of automobile liability insurance issued to him by Auto Owners and that this omission stemmed from the failure by Auto Owners to comply with a statutory requirement to notify plaintiff of the availability of underinsured-motorist coverage. More specifically, in count II plaintiff alleged he was injured in the collision with Kerr, Kerr had auto liability policy limits of $100,000, and plaintiff's damages would far exceed $100,000. It further alleged that a statute in force (Ill. Rev. Stat. 1981, ch. 73, par. 755a-2), provided: