American Service Insurance v. Passarelli

Plaintiff American Service Insurance Company (American) appeals from the trial court’s granting of defendant Stephen S. Passarelli’s motion for summary judgment. At issue is whether defendant can seek recovery of damages for bad faith under section 154.6 and attorney fees and costs under section 155 of the Illinois Insurance Code (the Code) (215 ILCS 5/154.6, 155 (West 1996)) as part of the arbitration of his car accident claim. Because we hold that defendant cannot recover such damages in arbitration, we reverse the trial court’s award of summary judgment to defendant and remand the case for…