Insurer denied claim of passenger injured in hit-and-run collision, alleging her failure to comply with 120-day notification requirement found in hit-and-run coverage. Court properly denied insurer's motion for summary judgment. Reasonableness factors are suitable guidelines to determine whether a notice provision violates public policy. When applied to facts of this case, 120-day notice provision is a dilution of uninsured motorist statute, and thus violates public policy of Illinois as to uninsured motorist benefits. On day of accident, insurer's policy had not yet been delivered to insured and insured had only an insurance card, which had names of 2 insurers without indicating which was liability/uninsured carrier. (CONNORS and MIKVA, concurring.)
Illinois Appellate Court
Civil Court
Insurance