# Appellate Court Upholds Summary Judgment for Insured | Therman Law Offices ![Charles N. Therman](https://www.choosecharlie.com/wp-content/uploads/2026/10/charles-therman-reviewed-by-2026-10-200x300.jpg)Reviewed by[Charles N. Therman](https://www.choosecharlie.com/our-team/charles-therman/)Principal Attorney & Founder, Therman Law OfficesIllinois attorney since 2000May 29, 2025[Contact Us](https://www.choosecharlie.com/contact-us/) One of the biggest headaches that people face after a car accident is negotiating with insurance companies and navigating their insurance policies. Not all policies are the same, and insurance companies often bury key language in legalese or at the end of the document. Knowing when you need to submit certain pieces of information or identifying key deadlines is critical. At Therman Law Offices, our team of Chicago car accident lawyers is standing by to help you make sense of your insurance policy and to ensure that you are treated fairly. ![Charles N. Therman](https://www.choosecharlie.com/wp-content/uploads/2026/10/charles-therman-reviewed-by-2026-10-200x300.jpg)Reviewed by[Charles N. Therman](https://www.choosecharlie.com/our-team/charles-therman/)Principal Attorney & Founder, Therman Law OfficesIllinois attorney since 2000May 29, 2025[Contact Us](https://www.choosecharlie.com/contact-us/) A recent appellate [decision](https://www.illinoiscourts.gov/Resources/4d764dc2-b421-4fd2-97fc-e635acd39558/3150080.pdf) highlights the complications that can arise with insurance claims after a car accident. The plaintiff was involved in a motor vehicle crash in 2007 with an uninsured driver. The plaintiff promptly notified her insurance company of the accident. She kept in contact with her assigned insurance representative and updated the representative about her medical treatment and missed work. ![Quick Responses. Big Results](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_1_desktop.webp) [Quick Responses. Big Results](/contact-us/) In 2009, the plaintiff demanded arbitration with her insurer but did not include the name of the arbitrator whom she intended to use. The insurer denied the request and filed a declaratory judgment action against the plaintiff, asking for a declaration that her demand for arbitration was untimely because it was not submitted within the two-year time period required in the policy. The plaintiff filed a counterclaim, seeking a declaratory judgment and requesting arbitration. This time, the plaintiff included the name of an arbitrator. ![30 Day Full Investigation](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_2_desktop.webp) [30 Day Full Investigation. No Cost, No Obligation.](/contact-us/) The parties then each filed a motion for summary judgment. The insurer reiterated its argument that the plaintiff failed to file an arbitration demand in a timely fashion based on the policy requirements. The plaintiff argued that a provision of the Illinois Insurance Code required the period for demanding arbitration to be tolled during the ongoing claims process. ![100% Medical Bills Covered](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_3_desktop.webp) [100% of Medical Bills covered for our Clients. Call us Today.](tel:+17738398944) The lower court denied the insurer’s motion and granted the plaintiff’s motion. It concluded that the relevant section of the Illinois Insurance Code tolled the period in which the plaintiff was required to demand arbitration because the insurer and the plaintiff were still in the middle of the claims process. The insurer appealed. On review, the appellate court agreed with the trial court. It looked at the intent behind the statutory language, which was designed to protect consumers in situations in which an insurance policy contains a time limit. According to the appellate court, the time period was tolled on the day that the insurer received the plaintiff’s completed Notice of Claim, Uninsured Motorist Coverage form. ![Tax-Free Money Settlements](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_1_desktop.webp) [Tax-Free Money Settlements for You! Choose Charlie.](/contact-us/) If you were involved in a [car accident](https://www.choosecharlie.com/chicago-il/car-accident-lawyer/), you probably have countless questions about your legal options and the best way to maximize the compensation that you require for your injuries and damages. At Therman Law Offices, we ensure that each client receives diligent and personalized legal counsel at every stage of the legal process, including investigation, gathering evidence, and ensuring that insurance companies don’t take advantage of you. Whether you were just involved in an accident, or you are embroiled in an ongoing claim, we are standing by to assist you. To schedule your free consultation, call us now at (773) 839-8944 or contact us online. **Related Posts** [Illinois Appellate Court Affirms Judgment for Defendant in Skating Rink Accident Case](https://www.choosecharlie.com/blog/illinois-appellate-court-affirms-judgment-for-defendant-in-skating-rink-accident-case/) [Illinois Jury Returns $10.75 Million Verdict for Truck Accident Involving Wrongful Death of Minor Pedestrian](https://www.choosecharlie.com/blog/illinois-jury-returns-10-75-million-verdict-for-truck-accident-involving-wrongful-death-of-minor-pedestrian/) [Illinois Appellate Court Upholds Civil Verdict for Injured Man in Assault and Battery Claim](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-civil-verdict-for-injured-man-in-assault-and-battery-claim/) ![Immediate Financial Help](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_3_desktop.webp) [Immediate Financial Help & Solutions.](/contact-us/) Car Accidents Blog Posts: [### [Recent Car Accident Tragedy In Chicago Area](https://www.choosecharlie.com/blog/recent-car-accident-tragedy-in-chicago-area/)](https://www.choosecharlie.com/blog/recent-car-accident-tragedy-in-chicago-area/) [### [Appellate Court Upholds Lower Court Ruling](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-lower-court-ruling-providing-1-million-in-insurance-coverage-in-car-accident-dispute/)](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-lower-court-ruling-providing-1-million-in-insurance-coverage-in-car-accident-dispute/) [### [Using Police Reports in a Car Accident Case](https://www.choosecharlie.com/blog/using-police-reports-in-a-car-accident-case/)](https://www.choosecharlie.com/blog/using-police-reports-in-a-car-accident-case/) [### [Processing An Uber Accident](https://www.choosecharlie.com/blog/processing-an-uber-accident/)](https://www.choosecharlie.com/blog/processing-an-uber-accident/) --- Source: https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-summary-judgment-for-insured-in-arbitration-demand-dispute/