Plaintiff appealed from the grant of summary judgment in favor of the defendants in a declaratory judgment action. Plaintiff argued, among other things, that the defendants did not send an arbitration demand for uninsured motorist coverage within two years of the collision and that the trial court incorrectly applied section 143.1 of the Illinois Insurance Code. The appellate court affirmed, finding that the circuit court properly granted the defendants’ motion for summary judgment where the defendants commenced their demand for arbitration within two years, that section 143.1 of the Insurance Code applied to toll the limitations period until the denial of the claim was made, and that defendants’ re-filed arbitration demand was not untimely where the arbitration was automatically stayed during the pendency of a declaratory judgment action disputing coverage. (MIKVA and MITCHELL, concurring)
Illinois Appellate Court
Civil Court
UM Arbitration