Shelton v. Country Mutual Insurance

PRESIDING JUSTICE SCARIANO

delivered the opinion of the court:

Plaintiff-appellant Debra Shelton (Shelton) brought suit against defendant-appellee Country Mutual Insurance Company (Country Mutual) seeking a declaratory judgment that she was entitled to underinsured motorist benefits pursuant to the terms of an insurance policy issued by that company. Country Mutual filed a section 2 — 619 (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 619) motion to dismiss, alleging that Shelton failed to comply with that provision of the policy requiring that any legal action against it be brought “within two years…