Alex Pajic was injured while driving a truck for his employer. Alex contended that another vehicle caused the accident, but left the scene and never was identified. Alex’s lawsuit against his employer’s insurer, Old Republic Insurance, asked for reformation of the underinsured and the uninsured motorist coverages, and for an award of the limits of those coverages. Alex complained that, contrary to the Illinois Insurance Code, Old Republic did not make a “meaningful offer” of the coverages to the employer.
The trial court ruled that Old Republic complied with the Code, so it gave the insurance company summary judgment. Alex appealed.
The case turned on the interplay among two Illinois Supreme Court cases and a 1990 amendment to the Insurance Code. Alex argued that comments by the Illinois Supreme Court about the amended statute were dictum, and were not controlling, because the case it was deciding involved the pre-1990 amended Code.