Illinois Insurance Guaranty Fund v. Virginia Surety Company, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 113758
Decision Date: 
October 12, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
McBRIDE
Holding: 
Reversed.
Section 1(a)(4) and Section 4(a)(3) of Workers Compensation Act do not require a borrowing employer to duplicate the coverage that a company lending employees is contractually obligated to obtain, or to pay duplicate premiums, or to increase its self-insured retention to cover borrowing employees. An employer and its insurer cannot selectively omit an employee from coverage of a workers compensation policy. (PALMER and TAYLOR, concurring.)