Monroy-Perez v. Sentry Select Insurance Co.

Plaintiff appealed from the circuit court’s dismissal of his complaint seeking underinsured motorist coverage from the defendant insurance company. The trial court dismissed the complaint as untimely. On appeal, plaintiff argued that his complaint was timely because the two-year limitations period was tolled by his request for arbitration and by the Illinois Insurance Code and that the insurance company was estopped from asserting the limitations period. The appellate court reversed and remanded, finding that the insurance company was estopped from asserting the limitations period where the insurance company waited to provide the plaintiff with a copy of the insurance policy until after the expiration of the limitations and that this amounted to “estoppel by silence.” (McBRIDE and HOWSE, concurring)