PHOENIX INS. CO. v. ROSEN

No. 110679.

949 N.E.2d 639 (2011)

242 Ill.2d 48

PHOENIX INSURANCE COMPANY, Appellant, v. Martha ROSEN, Appellee.

Supreme Court of Illinois.

April 21, 2011.


Attorney(s) appearing for the Case

Michael Resis and Richard T. Valentino , of Smith-Admundsen LLC, of Chicago, for appellant.

Alvin R. Becker and Howard A. London , of Beermann Swerdlove LLP, of Chicago, for appellee.

Mark D. Prince , of Marion, for amicus curiae Illinois Trial Lawyers Association.


OPINION

Justice GARMAN delivered the judgment of the court, with opinion.

This case presents the question of whether a provision allowing either party to an insurance contract to demand a trial de novo following arbitration is unenforceable when it appears in an underinsured-motorist policy. For the reasons below, we hold that such provisions are enforceable.

BACKGROUND

The facts are not in dispute. On April 19, 2001, Martha Rosen...

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