Is An Insurer Required to Make An Offer of Additional Uninsured Motorist Coverage to All Named Insureds Under a Policy ?
In Messerly v. State Farm Mutual Automobile Insurance Co., 277 Ill. App. 3d 1065, 214 Ill. Dec. 794, 662 N.E.2d 148 (1996), the husband procured automobile insurance for himself and his wife (the plaintiff) from insurer (the defendant).
The husband was offered, but rejected, the option of purchasing additional uninsured motorist coverage.
The policy was renewed.
Subsequently, the plaintiff was involved in a collision with an uninsured driver.
The plaintiff then filed a declaratory judgment action, asking the court to find that the defendant did not comply with section 143a-2 of the Code since it failed to adequately communicate to her an offer of additional uninsured motorist coverage.
The issue presented to the Messerly court was whether section 143a-2 of the Code required the insurer to make an offer of additional uninsured motorist coverage to all named insureds under a policy.
The Messerly court determined that the requirement of section 143a-2 is satisfied if the insurer makes a legally sufficient offer of additional uninsured motorist coverage to one named insured.