Memberselect Insurance Company v. Luz

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2016 IL App (1st) 141947
Decision Date: 
Thursday, March 17, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Vacated and remanded with directions.
Justice: 
ELLIS

Defendant insured properly demanded arbitration by sending a letter to his insurer, under underinsured motorist provision of Defendant's car insurance policy.  Nothing else was required of Defendant to "commence" the arbitration, and thus his right to seek arbitration was not barred by 3-year limitations provision in the policy. Policy language makes it clear that selection of arbitrator was not mandatory, so that selection of arbitrator was not necessary to "commence" the arbitration. (McBRIDE and COBBS, concurring.)