Mathis v. Lumbermen's Mutual Casualty Insurance

This cause comes before this court on a permissive appeal, pursuant to Supreme Court Rule 308(a) (155 Ill. 2d R. 308(a)), of the following question certified by the trial court:

“Where a homeowner’s insurance policy contains a one[-]year suit[-]filing limitation, can a Department of Insurance administrative regulation, that requires an insurer to advise [the insured] of the number of days the limitations period was tolled under 50 [Ill. Adm. Code] Section 919.80([d])(8)([C]), form the basis of an insurer’s alleged waiver of the extended contractual limitation suit[-]filing time period?”

FACTS

The…