Plaintiff was injured by hit-and-run driver while bicycling, and made a claim under his mother’s auto insurance policy for uninsured motorist coverage. Insurer improperly denied coverage, finding that Plaintiff’s having filed police report 11 days after the accident was not “within 24 hours or as soon as practicable” as policy required. Plaintiff did not initially realized the severity of his injuries, there were no witnesses, he could not identify the vehicle or driver, and he was in shock and did not know what to do and did not realize that his claim could be filed under his mother’s auto policy Under the circumstances, the elapsed time of 11 days was not unreasonable. (BURKE, concurring; GORDON, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Insurance