Country Preferred Insurance v. Whitehead

State: Illinois

Court: 3rd District Appellate

Docket No: 3-11-0096 Official Reports

Case Date: 08/30/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Country Preferred Insurance Co. v. Whitehead, 2011 IL App (3d) 110096

Appellate Court Caption

COUNTRY PREFERRED INSURANCE COMPANY, PlaintiffAppellee, v. TERRI WHITEHEAD, Defendant-Appellant.

District & No.

Third District Docket No. 3-11-0096 August 30, 2011 October 18, 2011 In an action for the injuries defendant suffered in an accident with an uninsured motorist in Wisconsin, the provision of the automobile liability policy plaintiff issued to defendant imposing a two-year statute of limitations on uninsured motorist claims violated public policy as applied to defendant and was unenforceable, since Wisconsin has a three-year statute of limitations for such claims and applying the two-year period would not place defendant in the same position she would have been in if the other motorist had been insured; therefore, the trial court's denial of defendant's motion to compel arbitration of her claim on the ground that she did not act within two years was reversed. Appeal from the Circuit Court of Will County, No. 09-MR-1122; the Hon. Barbara Petrungaro, Judge, presiding.

Filed Rehearing denied Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment

Reversed and remanded.

Counsel on Appeal

Robert Marc Chemers (argued) and Heather E. Plunkett, both of Pretzel & Stouffer, Chtrd., of Chicago, for appellant. Keith G. Carlson (argued), of Carlson Law Offices, of Chicago, for appellee.

Panel

JUSTICE LYTTON delivered the judgment of the court, with opinion. Justice Holdridge concurred in the judgment and opinion. Justice McDade dissented, with opinion.

OPINION

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