Kroutil v. State Farm Mutual Automobile Insurance Co.

2021 IL App (4th) 210238 (Ill. App., 2021)

Words & Phrases

Uninsured Motorist Coverage: Arbitration

Trial Judge

Rebecca S. Foley

Appellate Judge

Turner

Holding

UIM Claimant could not proceed with Section 155 claim after unsuccessful arbitration of UM Claim.

Fact Summary

In April 2019, plaintiff Lisa Kroutil filed a two-count complaint against defendant,
State Farm Mutual Automobile Insurance Company, related to defendant’s handling of her underinsured motorist claim for an August 4, 2015, motor vehicle collision. In her complaint, plaintiff raised a breach of contract claim and a claim for statutory damages under section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West 2018)). After the parties arbitrated plaintiff’s underinsured motorist claim, plaintiff filed an amended complaint seeking only section 155 damages. In February 2021, plaintiff filed a second-amended complaint, again seeking only section 155 damages. The next month, defendant filed a combined motion to dismiss under section 2­619.1 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/2-619.1 (West 2020)). After an April 2021 hearing, the McLean County circuit court entered a written order granting with prejudice defendant’s motion to dismiss plaintiff’s second-amended complaint.  Plaintiff appeals, asserting her second-amended complaint stated a cause of action for section 155 damages. We affirm.

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