Allstate Ins. Co. v. Mack

2016 IL App (1st) 141171 (Ill. App., 2016)

Words & Phrases

Underinsured Motorist Coverage: Arbitration

Trial Judge

John Griffin

Appellate Judge

Lampkin

Holding

Insured’s UIM claim was barred and not subject to arbitration because insured failed to execute HIPAA authorizations and to appear for examination under oath.

Fact Summary

 

Vanity Mack appeals a number of circuit court orders, which ultimately barred an underinsured motorist (UIM) claim she had initiated against plaintiff, Allstate Insurance Company. Plaintiff filed the underlying declaratory judgment in the circuit court, seeking a declaration that defendant breached the parties’ contract by refusing to provide executed Health Insurance Portability and Accounting Act (HIPAA) authorization forms and to submit to an oral examination under oath. The circuit court granted summary judgment in favor of plaintiff and against defendant and denied defendant’s requests for reconsideration of those decisions. On appeal, defendant contends that the rules of the American Arbitration Act (AAA) precluded her from complying with plaintiff’s discovery requests because she already had demanded arbitration proceedings.  Based on the following, we affirm.

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