Kroutil v. State Farm Mutual Automobile Insurance Co.

Plaintiff filed complaint against her auto insurer related to its handling of her underinsured motorist claim, raising breach of contract claim and claim for statutory damages under section 155 of Insurance Code. After parties arbitrated the underinsured motorist claim, Plaintiff filed a an amended and then a 2nd amended complaint, both seeking only section 155 damages. As Plaintiff's section 155 claim was dependent on a successful breach of contract action and she did not pursue that cause of action, court properly dismissed the 2nd amended complaint. Arbitration was on the initial underinsured motorist claim, not on whether insurer breached the insurance policy.(DeARMOND and CAVANAGH, concurring.)