Amerisure Mutual v. Global Reinsurance

Illinois Appellate Court
Civil Court
Arbitration
Insurance
Citation
Case Number: 
No. 1-09-0820
Decision Date: 
Monday, March 15, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed; award vacated in part.
Justice: 
LAMPKIN
Award of $1.55 million in damages plus interest and attorney fees awarded by arbitration panel per Section 155 of Insurance Code for underlying reinsurance claim. Award vacated, as arbitrators lacked authority to award attorney fees per Section 155, as such award is contrary to clear Illinois law. Illinois does not recognize bad-faith exception to "American" rule for attorney fees.