In State Farm Mut. Auto Ins. Co. v. Coe, No. 1-05-1891, 2006 WL 2547329 (Ill. App. Dist. 1 Sept. 5, 2006), an Illinois appeals court ruled that the term “amount payable under this coverage” in reference to underinsured motorist coverage did not include the total damage incurred by the insured.

 

Steven Coe, a police officer, was injured when he was struck by a car while directing traffic. The driver's auto liability limits were $50,000. Coe received $100,000 in workers compensation benefits for his injuries but sought special damages of $150,000.