Court construes coverage denial based on policy conditions as a rescission

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted January 4, 2022 11:16 AM

The 1st District Appellate Court recently held that an insurer’s denial of coverage based on conditions in an automobile policy regarding the truth of the insured’s representations, constituted an attempted “rescission” and thus was time-barred by the Illinois Insurance Code.The case is United Equitable Insurance Co. v. Thomas, 2021 IL App (1st) 201122 (Nov. 22). The insurer, UEIC, was represented by Shelist & Pena LLC of Chicago. Robbins, Salomon & Patt Ltd. represented the insured, Anthony Thomas, and his …

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