409 Ill. App. 3d 233
Ill. App. Ct.2011Background
- Feb. 2, 2006 Tutson filed uninsured motorist claim with American Access after a Jan. 28, 2006 accident.
- Apr. 13, 2006 attorney sent a lien letter; Apr. 21, 2006 insurer acknowledged receipt and provided an Accident Report Form but Tutson did not complete it.
- Mar. 19, 2007 insurer notified Tutson’s attorney it had the police report; May 14, 2007 medical bills/records delivered; May 23, 2007 insurer requested examination under oath.
- Aug. 13, 2007 Tutson sworn statement; Aug. 23, 2007 insurer sought ambulance invoice and officer details but did not deny claim within the policy period.
- Nov. 16, 2007 attorney supplied ambulance bill, paramedics report, and Fire Department incident detail; insurer did not deny during the two-year period.
- June 9, 2008 Tutson demanded arbitration; trial court granted insurer’s summary judgment; Appellate Court reversed and remanded for entry of Tutson’s summary judgment on declaratory judgment issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 143.1 tolls the limitation period. | Tutson: tolling applies when proof of loss filed, delaying statute. | American Access: no proof of loss filed (Accident Report Form) so no tolling. | Yes; tolling applied, making arbitration timely. |
| Whether Tutson filed a valid proof of loss under the policy. | Tutson: information provided sufficed to identify the loss. | American Access: required Accident Report Form; not filed. | Notice suffices for proof of loss; tolling triggered. |
| Whether American Access waived the proof-of-loss requirement. | Waiver due to insurer’s failure to deny within period. | Waiver not addressed in complaint. | Insurer waived compliance by not denying claim during the period. |
Key Cases Cited
- Vole v. Atlanta International Insurance Co., 172 Ill.App.3d 480 (1988 Ill. App.3d) (tolling of limitations when proof of loss filed before denial)
- Vala v. Pacific Insurance Co., 296 Ill.App.3d 968 (1998 Ill. App.3d) (no proof of loss sworn form; tolling outcomes dependent on denial timing)
- Trinity Bible Baptist Church v. Federal Kemper Insurance Co., 219 Ill.App.3d 156 (1991 Ill. App.3d) (tolling begins when proof of loss filed; insurer may investigate and deny promptly)