Plaintiff filed a lawsuit alleging breach of contract, bad faith for delay of payment under the Illinois Insurance Code, and implied private right of action under the Illinois Administrative Code based on the defendant’s failure to provide a reasonable written explanation regarding her personal injury claim within 30 days of determining liability. The circuit court dismissed the third count by finding that there was no private right of action and then granted summary judgment for the remaining two counts by finding that the insurance company made a good faith determination to pay after a reasonable investigation. The appellate court affirmed, finding that the complaint failed to state a claim for breach of contract and that the trial court did not abuse its discretion in denying her request for additional discovery. (PUCINSKI and GAMRATH, concurring)
Illinois Appellate Court
Civil Court
Insurance Coverage