Rogers v. Imeri

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2013 IL 115860
Decision Date: 
November 21, 2013
District: 
5th Dist.
Division/County: 
Effingham Co.
Justice: 
THEIS
Holding: 
Appellate court reversed; remanded.
In a Dramshop Act case where a bar owner is defended by Illinois Insurance Guaranty Fund, the reduction for "other insurance" recoveries under Guaranty Fund statute does not apply against jury verdict, but against bar owner's maximum statutory liability. Under Guaranty Fund statute, Fund's obligation cannot be expanded by a jury verdict, and can only be reduced by other insurance. Setoff of amount that decedent's estate received from auto liability insurance policies should come from bar owner's maximum dramshop liability. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and BURKE, concurring.)