Illinois court revives UM suit, rejects American Family limitation clause

Garcia sued in Cook County on March 22, 2017, naming Sanchez-Lopez and the vehicle owner, then voluntarily dismissed in April 2019 and refiled on May 1, 2019, naming only Sanchez-Lopez. On March 22, 2021, Garcia amended to add a declaratory judgment count against American Family seeking UM benefits. On April 22, 2021, American Family denied the claim, asserting counsel’s letter in 2015 had been insufficient, that the negligence action was not filed within Illinois’s two-year bodily injury statute of limitations and impaired subrogation rights, and that the tortfeasor was the snowplow driver and likely insured.