Sweis v. Founders Insurance Co.

Plaintiff filed suit as to underinsured motorist coverage on Plaintiff's vehicle. Court properly granted summary judgment for Defendant as suit was time-barred. Insurance policy required Plaintiff to file her suit within 1 year from receiving payment from the at-fault motorist, and such provision was not ambiguous and must be applied as written.Equitable estoppel does not apply, as record affirmatively contradicts any claims of detrimental reliance on adjustor's purported misrepresentations as to time limit to file suit, and Plaintiff's attorney could not say when the adjustor told him that the limitations period was to be extended. Plaintiff has not shown that 1-year policy provision is unconscionable. (BURKE and ELLIS, concurring.)