Rogers v. Imeri

Illinois Appellate Court
Civil Court
Dramshop Act
Citation
Case Number: 
2013 IL App (5th) 110546
Decision Date: 
Friday, February 1, 2013
District: 
5th Dist.
Division/County: 
Effingham Co.
Holding: 
Affirmed; certified question answered.
Justice: 
CHAPMAN
(Court opinion corrected 4/2/13.) Statutory limitation on liability of Guaranty Fund, allowing a setoff of full policy limits even if Plaintiff settles for less than full limits or does not pursue a claim, is generally applicable in dramshop cases, thus preventing claimants from seeking recovery from Fund without first exhausting other coverage. Reduction for "other insurance" recoveries is applied against jury verdict and then reduced to statutory maximum in Dramshop Act if necessary. (GOLDENHERSH and STEWART, concurring.)