In Re Estate of Anderson, 945 N.E.2d 661

Frederick Anderson, Sr. was killed Oct 1, 2009 in an underinsured motorist collision.
Marion Anderson, his widow, was appointed supervised administrator of the estate and filed a wrongful-death action under the Wrongful Death Act.
Marion also asserted a claim in her capacity as administrator against State Farm for underinsured-motorist coverage.
The UM insurer tendered its policy limits of $20,000 to the tortfeasor; State Farm tendered $230,000 to Marion as administrator to cover the difference.
Marion petitioned to distribute the $230,000 solely to herself as Frederick's spouse, arguing the proceeds were the insured’s contract proceeds.
The trial court certified a question asking whether UM benefits from the decedent’s policy should be disbursed under the Wrongful Death Act rather than according to the UM policy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether UM proceeds for wrongful death are distributable under the Wrongful Death Act.	Marion argues proceeds are payable as contract benefits to the insured spouse.	Sons argue proceeds should follow the policy or be governed by the Wrongful Death Act as beneficiaries.	UM proceeds represent wrongful death damages distributable to statutory beneficiaries.

Allstate Ins. Co. v. Elkins, 77 Ill.2d 384 (1979) (legally entitled to recover means actionable liability for damages from tortfeasor)
State Farm Mut. Auto. Ins. Co. v. Villicana, 181 Ill.2d 436 (1998) (UM coverage protects insureds similarly to adequate tortfeasor coverage)
Johnson v. Provena St. Therese Med. Ctr., 334 Ill.App.3d 581 (2002) (fiduciary distribution of wrongful-death proceeds to statutory beneficiaries)
Robertson v. Vinson, 58 S.W.3d 432 (Ky.2001) (uninsured/underinsured proceeds for wrongful death distribute to wrongful-death beneficiaries)
Holt v. Grange Mut. Casualty Co., 79 Ohio St.3d 401 (1997) (UM/UIM proceeds for wrongful death distributed under wrongful-death statute)