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Pretzel & Stouffer Obtains Grant of Petition of Leave to Appeal to the Illinois Supreme Court

The Supreme Court of Illinois allowed a Petition for Leave to Appeal authored by Robert Chemers and Jonathan Federman in an auto insurance bodily injury stacking case.

The trial court stacked the $100,000/$300,000 limits 4 times because there were 4 cars on the policy, and the Appellate Court of Illinois, Fifth District, modified that judgment to allow stacking twice because the Declarations page, due to its size, had a second physical page which also listed the BI limit, hence stacking twice.

With this grant, one of only a handful of civil cases that will be heard, the Supreme Court will address stacking for the first time since 2005, and the very first time with respect to BI limits as other cases involved UM/UIM stacking. The decision of the Fifth District follows one of its own from years ago, and is in conflict with a 30 year old decision of another district.

June 2019 | Firm News