Country Preferred Insurance Company v. Whitehead

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2012 IL 113365
Decision Date: 
October 18, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
KARMEIER
Holding: 
Appellate court reversed; circuit court affirmed; remanded.
Two-year limitation which insured and her auto insurer agreed for dispute resolution procedures is reasonable and consistent with Illinois public policy, as it allowed insured sufficient amount of time to ascertain basis for, and dimensions of, her uninsured-motorist claim and, if needed, to initiate dispute resolution procedures. Irrelevant that accident occurred in Wisconsin, which has 3-year statute of limitations for filing personal injury actions. Insured could have filed suit in Wisconsin against other driver, but chose to file claim for uninsured-motorist benefits under her policy. (FREEMAN, THOMAS, GARMAN, BURKE. and THEIS, concurring.)