Rein v. State Farm Automobile Insurance Company

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
No. 1-10-0764
Decision Date: 
Friday, March 4, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
GARCIA
Plaintiff filed declaratory judgment action for uninsured motorist coverage after hit-and-run accident. Court properly held that action was barred by insurer's policy provision requiring arbitration or suit for uninsured motorist coverage to be commenced within two years after date of accident. Arbitration process is not commenced by insured sending letter stating intent to pursue arbitration, where letter did not expressly and unequivocally request arbitration or name an arbitrator on the insured's behalf within two years of accident as policy terms required. (McBRIDE and R.E. GORDON, concurring.)