Phoenix Insurance Company v. Rosen

Illinois Supreme Court
Civil Court
Arbitration
Citation
Case Number: 
No. 110679
Decision Date: 
Thursday, April 21, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed.
Justice: 
GARMAN
In area of uninsured motorist coverage, the legislature has required arbitration clauses, and allows smaller awards to be binding yet allows higher awards to be rejected. "Trial de novo" provision in underinsured motorist auto insurance policy, allowing either party to an insurance contract to demand a trial de novo after arbitration, was not unenforceable as unconscionable, and was not invalid as against public policy. (FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)