American Family Mutual Insurance Co. v. King

              No. 2--07--0094 Filed: 8-31-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
AMERICAN FAMILY MUTUAL ) Appeal from the Circuit Court
INSURANCE COMPANY, ) of Du Page County.
)
Plaintiff-Appellant, ))
v. ) No. 06--AR--1687
)
LORRAINE KING, ) Honorable
) Kenneth A. Abraham,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE CALLUM delivered the opinion of the court:
Plaintiff, American Family Mutual Insurance Company, filed a complaint in the circuit court
of Du Page County against defendant, Lorraine King, seeking a trial on defendant's claim under the
uninsured motorist coverage of a policy that plaintiff issued to her on June 5, 2003. The claim arose
from a motor vehicle accident on July 22, 2003, and according to the complaint, it was submitted
to a private arbitration proceeding that resulted in an award of $39,000 to defendant. Defendant
moved to dismiss the complaint, pursuant to section 2--619 of the Code of Civil Procedure (735
ILCS 5/2--619 (West 2006)), on the basis that, under the terms of the policy, the arbitration award
was binding. The trial court granted the motion and this appeal followed. We reverse and remand.
The policy provides that "[i]f any arbitration award exceeds the minimum limit of the Illinois
Safety Responsibility Law, either party has a right to trial on all issues in any court having
jurisdiction." The policy further provides that any arbitration award not exceeding the minimum