Hamilton v. Safeway Insurance Co.

Plaintiffs appeal from the dismissal of count III, the class action count, of their three-count complaint filed March 14,1980, in the chancery division of the circuit court of Cook County. In count I, plaintiffs Alexandra Hamilton, her two-year-old son Alfredo, and Refugia Gabaldon alleged that they were involved in an automobile accident with an uninsured motorist. The automobile they occupied was insured by the defendant, Safeway Insurance Company. The plaintiffs complained that Safeway refused to proceed to arbitration as required by the uninsured motorist provision of the insurance policy…