Zurich American Insurance Co. v. Personnel Staffing Group, LLC

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2018 IL App (1st) 172281
Decision Date: 
Tuesday, May 15, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
NEVILLE

Insurer filed demand for arbitration of its dispute with its insured. Insurer then filed complaint against its insured and 2 other defendants, alleging that insured fraudulently transferred funds to the other defendants to avoid paying an anticipated arbitration award; and insured filed in court a counterclaim that matched claims it raised in arbitration. Insurer's complaint concerns collection of arbitration award, and court properly held that parties did not agree to arbitrate issues as to collection of arbitration awards. Thus, court correctly refused to stay proceedings on fraudulent transfer claims pending arbitration. (HYMAN and MASON, concurring.)