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Gillen v. State Farm Mutual Automobile Insurance Co.

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 98919 Rel

Docket No. 98919-Agenda 13-March 2005.

TERESA GILLEN, Special Adm'r of the Estate of Scott Gillen,
Deceased, Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Opinion filed May 19, 2005.
 

JUSTICE FITZGERALD delivered the opinion of the court:

In this appeal we examine a setoff provision in an automobile insurance policy issued by State Farm Mutual Automobile Insurance Company. The setoff provision permits State Farm to reduce its liability for uninsured-motorist coverage by the amount paid to or for the insured "under any worker's compensation, disability benefits, or similar law." At issue is whether this provision applies to medical benefits paid by the City of Chicago for one of its employees, pursuant to section 22-306 of the Illinois Pension Code (Pension Code) (40 ILCS 5/22-306 (West 2002)), and the implementing municipal ordinance (Chicago Municipal Code