Glidden v. Farmers Auto. Ins. Ass'n

The plaintiff, Robert Glidden, sued in the circuit court of Winnebago County for a declaratory judgment against the defendant, The Farmers Automobile Insurance Association, his insurer, to construe the limits of coverage under three certain automobile liability insurance policies issued to the plaintiff, covering three separate vehicles. Part IV of each policy offered uninsured-motorist coverage in the amount of $10,000 per person and $20,000 per accident, and Part II of each policy provided medical-payment coverage in the amount of $2,000 per person. The plaintiff's wife, while a pedestrian, was struck and killed by an uninsured motorist. It is the plaintiff's contention that he is entitled to recover up to $30,000, i.e., $10,000 under the uninsured-motorist provisions of each policy, without limitation by reason of the other insurance provisions, and also that he is entitled to recover up to $6,000 under Part II, the medical-payment provision of the three policies. The defendant contends that under the provisions of the three policies the plaintiff is limited to a total recovery of $10,000 under Part IV of his coverage, and $2,000 under Part II, the medical-payment provision under the three policies. The defendant further contends that payments made under the medical-payment provisions, Part II, must be set off against the payments to be made under the uninsured-motorist coverage under Part IV.