UM coverage mandated for pedestrians, despite policy language to the contrary

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted November 8, 2022 11:16 AM

The 1st District Appellate Court, in a case of first impression, recently held that an insured under an automobile liability policy who, at the time of an accident was a pedestrian or bicyclist, was entitled to uninsured motorist coverage when struck by a hit-and-run driver, notwithstanding policy language to the contrary.The case is Galarza v. Direct Auto Insurance Co., 2022 IL App (1st) 211595 (Sept. 30). The insureds, Fredy and Cristopher Guiracocha, were represented by the Disparti Law Group P.A. of Chicago. Shelist …

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