State Farm Mutual Automobile Insurance Co. v. Leon

2019 IL App (1st) 180655 (Ill. App., 2019)

Words & Phrases

Uninsured Motorist Coverage: Time Limitation

Trial Judge

Michael T. Mullen

Appellate Judge

Cunningham

Holding

Insured did not provide a sufficient proof of loss to insurer to toll two-year limitation period for demanding arbitration.

Fact Summary

The plaintiff-appellee, State Farm Mutual Automobile Insurance Company (State Farm), filed a declaratory judgment action in the circuit court of Cook County seeking a declaration that there was no uninsured motorist coverage available to the defendant-appellant, Maricela Leon. The circuit court entered a judgment in favor of State Farm, and Leon now appeals. For the following reasons, we affirm the judgment of the circuit court of Cook County. Justice Harris dissented.

The policy made clear that Leon must bring any legal action against State Farm within two years following the date of an accident. It necessarily follows that any requested information must be submitted within that same time frame. Nothing in any of State Farm’s letters, including the phrase “when you can,” signified that the two-year limitation period had changed.

¶ 33                 Accordingly, the trial court did not abuse its discretion in entering a declaratory judgment declaring that there was no uninsured motorist coverage available to Leon because her demand for arbitration was untimely.

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