Legal Opinion
Phoenix Insurance v. Rosen
Illinois Supreme Court
Decided April 21, 2011No. 110679PublishedCited by 108 opinions
1Opinion of the CourtJustice Garman
Justices Freeman, Thomas, Karmeier, Burke, and Theis concurred in the judgment and opinion.
Chief Justice Kilbride took no part in the decision.
OPINION
This case presents the question of whether a provision allowing either party to an insurance contract to demand a trial de novo following arbitration is unenforceable when it appears in an underinsured-motorist policy. For the reasons below, we hold that such provisions are enforceable.
BACKGROUND
The facts are not in dispute. On April 19, 2001, Martha Rosen was injured in an accident with another driver. The other driver’s vehicle was insured for…
2Cases cited34 opinions
- Wakulich v. MrazIllinois Supreme Court · 2003
- Committee for Educational Rights v. EdgarIllinois Supreme Court · 1996
- Kinkel v. Cingular Wireless, LLCIllinois Supreme Court · 2006
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- Mohanty v. St. John Heart Clinic, S.C.Illinois Supreme Court · 2006
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