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ZAPPIA v. ST. PAUL FIRE AND MARINE INS. CO.

No. 1-05-0713.

847 N.E.2d 597 (2006)

364 Ill. App.3d 883

301 Ill.Dec. 587

Joseph ZAPPIA, Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

March 17, 2006.

Attorney(s) appearing for the Case

Law Offices of James J. Burke (James J. Burke, of counsel), and Bridget A. Mitchell, both of Chicago, for appellant.

Hartigan & Cuisinier, P.C., of Chicago (Russell W. Hartigan and Patrick H. O'Connor, of counsel), for appellee.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

We address whether an insurance policy's underinsured-motorist arbitration provision is contrary to public policy when it allows the parties to demand a trial de novo if the arbitration award is in excess of the minimum liability set forth in the Illinois Safety and Family Financial Responsibility Law (625 ILCS 5/7-203 (West 2002)). We hold that such a provision does not violate public policy, and...

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