Whiting v. Prestige Casualty Co.

Plaintiff, Martha Whiting, appeals from the dismissal of her declaratory judgment complaint under section 2 — 615(e) of the Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 615(e)) for failing to demand arbitration within the time set in her car insurance policy with defendant, Prestige Casualty Company. We consider whether the policy required plaintiff to demand arbitration within two years of the accident as a condition precedent to uninsured motorist coverage. For the following reasons, we reverse and remand.

Plaintiff was involved in a car accident on June 21, 1987, and…