Guzman v. 7513 West Madison Street, Inc.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2013 IL App (1st) 122161
Decision Date: 
Friday, March 29, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Certified question answered; remanded.
Justice: 
HOWSE
(Court opinion corrected 4/11/13.) Where dram shop is being defended by Illinois Insurance Guaranty Fund after insurer is declared insolvent and Plaintiffs have recovered from UIM, from Defendant's auto insurer, and/or group health insurer, and verdict in excess of Defendant's maximum under Dram Shop Act, the reduction for "other insurance" recoveries per Section 546(a) of Illinois Insurance Guaranty Fund Act is applied against maximum dram shop liability to each Plaintiff. (McBRIDE and PALMER, concurring.)