Illinois Appellate Court
Civil Court
Arbitration
Plaintiff insurer filed subrogation action to recover property damages as a result of vehicle collisions between its insured and Defendant driver. At mandatory arbitration hearing, insurer failed to comply with Defendant’s request to produce insurer’s adjuster. Arbitration panel denied Defendant’s request for a bad faith finding against insurer. Court abused its discretion when it barred insurer from presenting any evidence or testimony at trial based on insurer’s failure to produce its adjuster at arbitration. This broad sanction was not related or confined to insurer’s failure to produce its adjuster and impermissibly extended to other issues in the case. (REYES and BURKE, concurring.)