Zhao v. State Farm Fire & Casualty, Co.

Defendant appealed from a decision of the trial court granting plaintiff’s motion for judgment on the pleadings and ordering the parties to participate in contractually based appraisal. On appeal, defendant argued that the trial court erred in granting the motion for judgment on the pleadings and argued that its late notice defense precluded the parties from the appraisal process. The appellate court affirmed, finding that Illinois law is clear that a trial court may compel compliance with the appraisal clause of an insurance policy to resolve disputes regarding the amount of a loss and that defendant’s assertions of late notice did not prevent the appraisal. (BIRKETT and MULLEN, concurring)