Shackelford v. Allstate Fire and Casualty Insurance Company

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2017 IL App (1st) 162607
Decision Date: 
Friday, September 29, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
NEVILLE

Plaintiff sued driver of car for colliding with a car in which she was a passenger and sustained injuries; that driver's insurer was insolvent, so Plaintiff sought to recover from insurer of driver of car in which she was a passenger, under driver's uninsured motorist provision in policy.  Arbitrator entered award in favor of Plaintiff for $16,000, but made award subject to all applicable set-offs and liens to be resolved by parties and their counsel. Arbitrator's reference to set-offs does not make award so indefinite that it cannot accrue interest under Section 2-1303 of Code of Civil Procedure. Interest accrued only on amount of award minus appropriate set-offs, from date of award until insurer paid Plaintiff $14,000.After date of that payment, interest continued to accrue only on any balance remaining unpaid. Plaintiff's request, in her amended complaint, for confirmation of arbitrator's award adequately states a claim for relief. (PUCINSKI, concurring; MASON, dissenting.)