AUSTIN v. ILLINOIS FARMERS INS. CO.

No. 5-03-0579.

815 N.E.2d 435 (2004)

351 Ill. App.3d 931

287 Ill.Dec. 32

Ola AUSTIN, Plaintiff-Appellee, v. ILLINOIS FARMERS INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

August 17, 2004.


Attorney(s) appearing for the Case

Gordon R. Broom, Troy A. Bozarth, Regina L.L. Wells, Burroughs, Hepler, Broom, MacDonald, Hebrank & True, LLP, Edwardsville; Marci A. Eisenstein, Aphrodite Kokolis, Schiff Hardin & Waite, Chicago, for Appellant.

Paul M. Weiss, Freed & Weiss LLC, Chicago; Patrick G. Johnston, Johnston Law Offices, P.C., Edwardsville; Michael J. Freed, Much, Shelist, Freed, Denenberg Ament & Rubenstein, P.C., Chicago; Gail G. Renshaw, L. Thomas Lakin, Bradley M. Lakin, Jeffrey A.J. Millar, The Lakin Law Firm, P.C., Wood River, for Appellee.


Justice KUEHN delivered the opinion of the court:

This appeal stems from the trial court's August 21, 2003, order denying the defendant's motion to compel arbitration and to stay the plaintiff's claims. The arbitration provision at issue provides as follows:

"If an insured person and we do not agree[ ] (1) that the person is entitled to recover for medical services, (2) that the medical services are a result of a covered accident,

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