BANES v. WESTERN STATES INS. CO.

No. 2-92-0718.

616 N.E.2d 1021 (1993)

247 Ill. App.3d 480

186 Ill.Dec. 579

Mary J. BANES, as Guardian of the Estate of Susan F. Faciano, a Disabled Person, Plaintiff-Appellee, v. WESTERN STATES INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 15, 1993.


Attorney(s) appearing for the Case

Ian M. Sherman, Rebecca O. Carlins, Rooks, Pitts & Poust, Chicago, for Western States Ins. Co.

James S. Cowlin, Truckenbrod & Cowlin, McHenry, for Mary J. Banes as Guardian of Estate of Faciano.


Justice WOODWARD delivered the opinion of the court:

Defendant, Western States Insurance Company, appeals the order of the circuit court entering summary judgment in favor of plaintiff, Mary J. Banes, as guardian of the estate of Susan Faciano, in her declaratory judgment action. The issue for review is whether an insurer is entitled to reduce the amount payable to its insured by the amount paid by an underinsured tort-feasor when the insured's damages exceed the...

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