Becker-Othman v. State Farm Mutual Automobile Insurance Co.

CourtAppellate Court of Illinois
DecidedMay 29, 2026
Docket1-25-0037
StatusPublished

This text of Becker-Othman v. State Farm Mutual Automobile Insurance Co. (Becker-Othman v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Becker-Othman v. State Farm Mutual Automobile Insurance Co., (Ill. Ct. App. 2026).

Opinion

2026 IL App (1st) 250037 No. 1-25-0037 Opinion filed May 29, 2026 Sixth Division ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________

) NANCY BECKER-OTHMAN ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County. v. ) ) No. 21 CH 04763 STATE FARM MUTUAL AUTOMOBILE ) INSURANCE COMPANY, ) Honorable ) Michael T. Mullen, Defendant-Appellee. ) Judge, presiding. )

JUSTICE HYMAN delivered the judgment of the court, with opinion. Justices Pucinski and Gamrath concurred in the judgment and opinion.

OPINION

¶1 Nancy Becker-Othman injured her shoulder in a car accident, necessitating surgery. The

at-fault driver tendered her policy limits. Becker-Othman then sought the balance of her

underinsured motorist coverage claim from her insurer, State Farm Mutual Automobile

Insurance Company.

¶2 State Farm retained Dr. Mark Hutchinson to review Becker-Othman’s medical records. He

initially opined that the accident did not cause her shoulder injury. Ultimately, however, he 1-25-0037

agreed that she could benefit from surgery, and State Farm paid the underinsured motorist

claim in full, more than three years after the accident.

¶3 Becker-Othman sued State Farm, alleging breach of contract (count I), bad faith for delay

of payment under section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West 2024))

(count II), and an implied private right of action under title 50 of the Illinois Administrative

Code (50 Ill. Adm. Code 919.50(a)(1) (2004)), based on State Farm’s failure to provide a

reasonable written explanation regarding her claim within 30 days of determining liability

(count III). The trial court dismissed count III, with prejudice, finding that title 50 does not

create a private cause of action. The court granted summary judgment on the breach of contract

and bad faith claims, finding that State Farm made a good faith determination to pay after a

reasonable investigation.

¶4 Becker-Othman contends the trial court erred by (i) granting summary judgment, (ii)

dismissing her private right of action under title 50 (id.), (iii) denying her request for additional

discovery after State Farm moved for summary judgment, and (iv) requiring her to pay Dr.

Hutchinson’s deposition fee.

¶5 The trial court properly granted summary judgment because Becker-Othman’s amended

complaint failed to state a claim for breach of contract and section 155 does not create a

standalone cause of action. Nor did the trial court abuse its discretion in denying her request

for additional discovery or requiring her to pay Dr. Hutchinson’s deposition fee. We affirm.

¶6 BACKGROUND

¶7 Becker-Othman was injured in an automobile accident when another driver rear-ended her

while she was stopped at a red light. Becker-Othman’s husband called their insurer, State Farm,

-2- 1-25-0037

to report the accident and advised that his wife was complaining of a headache, neck pain, and

right shoulder pain.

¶8 The at-fault driver tendered $25,000. Becker-Othman then sought $75,000, the balance of

her $100,000 in underinsured motorist coverage. While State Farm investigated the claim,

Becker-Othman demanded arbitration. State Farm responded by sending Becker-Othman

$4,721.36 as its “initial offer” and agreeing to arbitrate the balance.

¶9 State Farm retained the Taylor Miller law firm, which deposed Becker-Othman and

retained Dr. Mark Hutchinson to review her medical records.

¶ 10 At her deposition, Becker-Othman testified that she told the responding police officer that

she had a headache and felt dizzy but declined immediate medical treatment. When she

returned home, her headache worsened and her shoulder and neck began to hurt, prompting

her to go to the emergency room. A CT scan revealed no structural damage to her head or neck.

The treating physician instructed her to take muscle relaxers and Advil and follow up with her

primary care physician.

¶ 11 Becker-Othman’s primary care physician referred her to physical therapy. When that

provided only temporary relief, she consulted orthopedic surgeon Dr. Terry Younger. Initially,

Dr. Younger prescribed conservative treatment, including physical therapy and steroid

injections. These measures provided temporary relief but failed to eliminate her pain. About a

year into treatment, Younger recommended shoulder surgery.

¶ 12 Dr. Younger testified by deposition that an MRI of Becker-Othman’s shoulder revealed

cysts, suggesting a labrum tear. He believed surgery could improve her condition by as much

as 80%. Although the MRI did not reveal a rotator cuff injury, Younger could not know for

certain until surgery.

-3- 1-25-0037

¶ 13 State Farm’s retained physician, Dr. Mark Hutchinson, issued four reports concluding that

Becker-Othman’s shoulder injury was unrelated to the accident. He based that opinion largely

on the absence of an immediate complaint of shoulder pain. Hutchinson later acknowledged

that Becker-Othman’s deposition established she complained of shoulder pain at the

emergency room on the day of the accident and that his third report incorrectly reiterated that

she had not immediately complained of shoulder pain. His fourth report removed that statement

and recognized that immediate onset of shoulder pain suggested she had a more significant

injury than he previously believed. Although he continued to opine that the shoulder pain was

unrelated to the accident, he stated that if the accident caused the injury, Becker-Othman had

a favorable surgical prognosis based on her positive response to steroid injections.

¶ 14 In September 2021, about three years after the accident and roughly two weeks after

receiving Hutchinson’s final report, State Farm paid Becker-Othman $75,000 in underinsured

motorist benefits and cancelled the arbitration.

¶ 15 Becker-Othman sued State Farm. Her third amended complaint alleges breach of contract

for failing to adjust and timely pay her claim (count I), vexatious and unreasonable delay of

payment under section 155 of the Insurance Code (215 ILCS 5/155 (West 2024)) (count II),

and an implied private right of action under the Administrative Code (50 Ill. Adm. Code

919.50(a) (2004)) (count III). (The trial court had previously dismissed count III with

prejudice; Becker-Othman repleaded to preserve the issue for appeal.) Becker-Othman sought

$4,522.85 in costs incurred in preparing for the cancelled arbitration, attorney’s fees, section

155 penalties, and prejudgment interest.

¶ 16 During discovery, Becker-Othman sought to depose Dr. Hutchinson. He agreed to appear

if Becker-Othman paid his $700 hourly fee. Becker-Othman moved to require State Farm to

-4- 1-25-0037

pay the fee, arguing Hutchinson qualified as State Farm’s controlled expert witness under

Illinois Supreme Court Rule 213(f)(3) (eff. Jan. 1, 2018) and that Illinois Supreme Court Rule

208(e) (eff. Jan 1. 2018) requires each party to pay fees charged by its own Rule 213(f)(3)

expert. State Farm acknowledged Hutchinson would have testified as an expert had the matter

proceeded to arbitration but maintained he would not testify regarding breach of contract or

bad faith.

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