Bond v. United Equitable Insurance Group

2022 IL App (1st) 210732 (Ill. App., 2022)

Words & Phrases

Actual Cash Value

Trial Judge

Raymond w. Mitchell

Appellate Judge

Howse

Holding

Plaintiff failed to provide proof of replacement in order to obligate her insurer to pay taxes and fees.

Fact Summary

 

Plaintiff Ashley Bond was involved in a car accident, and her vehicle was determined to be a total loss. Following the accident, she made a claim to her insurer, defendant United Equitable Insurance Group. It is undisputed that defendant paid plaintiff the proper amount for her loss, except defendant did not pay for the sums in dispute in this case—the sales tax, title transfer fees, and tag transfer fees. Plaintiff claims that defendant breached its insurance contract with her when it failed to include those amounts in her payout.

Defendant issued a notice to plaintiff that is required by the Department of Insurance's regulations. Included in that notice is the regulation that details the steps an insured can take to obtain reimbursement for sales tax and title fees upon replacing the insured vehicle. The insured has to actually replace the vehicle and then provide documentation of the replacement to the insurer. The notice also explains that, if the enumerated steps are not followed, the insurer is not required to pay sales tax and title fees. Plaintiff never notified defendant that she replaced her vehicle, and she did not seek the payment of sales tax and title fees from defendant within the time period set forth in the regulation.

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