Insurance Companies Must Provide Insureds With Sufficient Information Regarding Uninsured and Underinsured Motorist Coverage

In Tucker v. Country Mutual Insurance Co., 125 Ill. App. 3d 329, 80 Ill. Dec. 610, 465 N.E.2d 956 (1984), the court conducted an extensive review of the legislative history behind the uninsured and underinsured motorist statute. The Tucker court found that statutory language requiring an offer of uninsured and underinsured motorist coverage and creating a right of election demonstrated that the legislature intended insurers to provide insureds with sufficient information so that they may make an intelligent decision regarding their insurance coverage. Tucker, 125 Ill. App. 3d at 334. The Tucker court found support for its finding in the comments of Senator Berman, who stated, "'What we're saying is that it is going to be up to the insured upon being advised as to what is available to him to decide what he wants to buy and what he wants to pay for and I'm sure that the Department of Insurance will require them to sic in the policy forms, to spell out what they are offering, what is being paid for and what the coverage is. Without this kind of clarifying language, you're going to find some companies charging more for coverage that the insured doesn't want or on the other hand, not offering what the insured is willing to pay for.'" Tucker, 125 Ill. App. 3d at 334