Ilinois Insurance Guaranty Fund v. Liberty Mutual Insurance Company

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 123345
Decision Date: 
November 12, 2013
1st Dist.
Cook Co., 2d Div.
Court correctly granted borrowing employer's insurer's motion to dismiss for failure to state a claim in action filed by Illinois Insurance Guaranty Fund for reimbursement for workers compensation benefits Guaranty Fund paid to injured worker after insurer for lending employer was liquidated. Language in Guaranty Fund enabling statute does not establish Fund's status as excess over all other insurers, and cannot alter terms of insurance policies by inserting a new insured and converting policy into a primary one for that new insured. Established insurance law, and not the enabling statute, governs equitable subrogation and workers' compensation law as it applies to a lending employer/borrowing employer relationship.(HARRIS and PIERCE, concurring.)