Michael Resis and Richard Valentino Win in the Illinois Supreme Court 6-0



Michael Resis and Richard Valentino, both partners in SmithAmundsen's Chicago office, recently won an insurance coverage case for their client in the Illinois Supreme Court. In Phoenix Ins. Co. v. Rosen, Docket No. 110679, the Illinois Supreme Court held that the trial de novo clause in the underinsured motorist arbitration provisions of an automobile insurance policy was valid and enforceable. The clause is binding for underinsured motorist arbitration awards of $20,000 or less, but allows either the insurer or the insured to reject an award that exceeds $20,000. The Supreme Court upheld the insurer’s rejection of an underinsured motorist arbitration award of $382,500 in the insured’s favor, overruled four appellate decisions which had held that the clause was against Illinois public policy, and agreed with Michael and Richard that the clause was not contrary to public policy or unconscionable.